Resettlement Plan. Urban Flood Control Project Utilizing ADB Loans

Transcription

1 GSDS Certificate Grade A No sj GSDK Certificate Grade A No kj GZ Certificate Grade A No S B Z Certificate Grade A No Hunan Province Shimen County Urban Flood Control Project Utilizing ADB Loans Resettlement Plan Hunan Provincial PMO of Urban Flood Control Project in Hilly Region Utilizing ADB Loans Shimen County PMO of Urban Flood Control Project Utilizing ADB Loans June, 2007

2 Approved by: Xiao Wenhui He Deqing Ratified by: Zhang Kejian Tang Taoquan Examined by: Xie Dahu Song Shuiying Checked by: Liu Yiwei Compiled by: Zhang Tao Zhao Gengqiang Main Designers: Zhang Tao Zhao Gengqiang Guan Yaohui Pei Xijun Liu Yiwei Tan Lu He Jiqiang i

3 Contents Objectives of Resettlement Plan & Definition of Resettlement Vocabulary... 1 Summary of Resettlement Plan for Shimen Urban flood control Subproject General Description of Project Project Background General Situation of Project Areal Geography Location Contents and Scale of Project Construction Project Investment Estimation and Planned Progress Affected Scope of Project Compilation of Resettlement Plan Basis and Objective for Report Compilation Method of Report Compilation Project Impacts Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts Measures for Reducing the Land Acquisition Impacts in Project Design Phase Measures for Reducing the Impact due to Land Acquisition in Project Construction Investigation on Project Impacts Investigation Contents Investigation Method Investigation Results on Project Impacts Land Affected by Project Affected Population Due to Project Houses and Auxiliary Facilities to be Demolished Scattered Trees Affected Individuals Engaged in Small-scale Business Affected Enterprises and Institutions Affected Special Facilities by the Project Affected Minorities Due to Project ii

4 2.3.9 Affected Vulnerable Groups Due to Project Impact Analysis of Project Project Impact Characteristics Impact Analysis Evaluation Natural and Socio-Economic Conditions of the Project-Affected Areas Natural Conditions of the Project-Affected Areas Socio-Economic Conditions in the Affected Areas of Project Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project Basic Conditions of Relocatees Investigation Objectives Investigation Content Investigation Method and Procedure Investigation Results and Analysis Social and Economic Effects for Resettlement to the Affected Population Legal Framework and Policy Main Chinese Laws & Regulations and Policies for Resettlement Policy Bases Relevant Laws and Regulations Relevant Articles of the ADB Policy Bases Relevant Policies and Regulations Compensation Standards for Project Compensation Qualification Principles of Compensation Rehabilitation Compensation Reference and Standard for Land Acquisition The Relocation Compensation Reference and Standards for Residential House and Auxiliaries Compensation Reference and Standard of Affected Enterprises and Institution Compensation Reference and Standard of Special Facilities Affected by the Project Table of Entitlement Matrix iii

5 5. Resettlement and Rehabilitation Measures Resettlement and Rehabilitation Objectives Resettlement Population Calculation Economic Rehabilitation Population Resettlement Population of House Demolition and Relocation Affected Population Due to the Temporary Land Acquisition General Scheme for Resettlement Environmental Capacity Analysis Resettlement Plan Rehabilitation Plan for Livelihood Rehabilitation Economic Rehabilitation Planning for Resettlers Resettlement Villages Planning Rehabilitation Plan for Affected Enterprises and Institutions Planning of Relocation and Reconstruction Special Facilities Transformer Facilities Telephone Lines Broadcasting and TV Lines Minorities Resettlement Vulnerable Groups Resettlement and Rehabilitation Institution and Responsibilities Resettlement Engaging in the Resettlement Planning Institutions and Responsibilities of Resettlement Implementation Management Institutions Responsibilities Supervision Institutions Resettlement Management System Personnel and Facilities of Resettlement Institution Personnel Arrangement Facilities Training Plan Resettlement Administrator Training Plan Production Skills Training for Resettlers Investment on Resettlement Training and Planning iv

6 6.7 Measures for Institution Consummating Public Participation and Harmonization with Residents in Resettlement Area Public Participation Strategies Approaches and Measures of Public Participation Participation Approaches Participation and Consultation Measures Public Participation in the Process of Resettlement Planning Public Participation and Plan in Implementation of Resettlement Plan Participation in the Houses Rebuilding and Resettlement Participation in Production Resettlement Participation in the Usage and Management of Land Compensation Fee Participation in Project Construction Women Participation Harmonization with the Residents in Resettlement Area Appeal Procedure Possible Complaint and Problems Solving Methods Appeal Channel and Procedure Environment Protection and Management The Necessity of Environment Protection Liquidation of Relocation The Environment Management of the Resettlement Area Monitoring and Evaluation Internal Monitoring Internal Monitoring Agency Organization The Objective of Internal Monitoring The Content of Internal Monitoring The Responsibilities of Internal Monitoring External Monitoring Independent Monitoring & Evaluation Agency The Objective of Independent Monitoring & Evaluation v

7 The Contents of Independent Monitoring & Evaluation The Methods of Independent Monitoring & Evaluation The Procedure of Independent Monitoring & Evaluation The Period, Frequency and Standard of Monitoring & Evaluation The Evaluation of Resettlement Resettlement Budget Compilation Reference and Principle Main References Compilation Principle Resettlement Compensation Fee Land Compensation Compensation for Houses and Auxiliary Facilities Compensation for Infrastructural Facilities Relocation Transportation Fee Compensation for Scattered Trees Compensation for Enterprises and Institutions Subsidies for Vulnerable Group Resettlement Compensation Investment Compensation for Special Facilities Other Costs Basic Contingency Fee Relevant Tax Total Budget Fund Flow Compensation Fund Appropriation Plan of Land Acquisition Relocation Appropriation Principle The Organ in Charge of Resettlement Finance Resettlement Progress Arrangement Principles of Resettlement Progress Arrangement Progress Plan Resettlement Implementation Progress Plan Resettlement Implementation Schedules vi

8 Appendix 1: Resettlement Information Booklet Attached Figure 1 Schematic Drawing of Geographic Position of Shimen County Urban Flood-control Project Attached Drawing 2: Land Acquisition Scope Schematic Diagram of Shimen County Urban Flood Control Project Attached Drawing 3:Typical House Structure for Rural Resident of Shimen County Urban Flood Control Project vii

9 Objectives of Resettlement Plan & Definition of Resettlement Vocabulary This resettlement plan (RP) is developed according to the policies and stipulations of Asian Development Bank as well as the relevant laws and regulations of Hunan Province and People s Republic of China. This document is aimed to provide an action plan for the resettlement and rehabilitation of people (affected persons) affected due to the project, to ensure that they will be benefited from this project, and their living standard will be improved or at least restored after project completion. The resettlement plan is a legal restraint document between the executive agency (Project Management Office) - Key Project Management Office under Hunan Province Water Resources Department, and ADB, as well as local project implementation agencies. With this, the Key Project Management Office under Hunan Province Water Resources Department shall be fully responsible to ensure sufficient funds available for the implementation of resettlement plan, and smooth implementation by relevant county governments. The Resettlement Plan compiled by will be formally approved by the Hunan Province Water Resources Department representing the Hunan Province People s Government. In the development project, the land acquisition and resettlement will bring about the unfavorable influence in the life of people who are living or working on these lands. Project-affected people refers to those persons whose production or life is unfavorably affected due to the land acquisition and relocation in project, including: 1) Persons whose lands (including housing plots, lands for public facilities, farmlands, forest land, land for animal husbandry, fisheries and sideline activities), structures (private houses and attachments, enterprise structures, or public buildings, etc.), rights and interests or other properties are partly or wholly, temporarily or permanently requisitioned; 2) Persons using the above-mentioned lands, structures or properties; or the people whose businesses, work, residential area or living custom is unfavorably affected. 3) Persons whose living standard is unfavorably affected due to the land acquisition and relocation. Definition of Project-affected Persons : The said Project-affected Persons refers to group which is affected, for the implementation of project, in the following fields: a)the living standard is affected or would-be-affected unfavorably; or b)the ownership of any house, rights or interest, land (include housing plot, cultivated land and pasture) or other movable estates or real estates are temporarily or almost permanently taken over or occupied; or c)the people whose business operation, occupation, work or living or accustom is unfavorably affected. Project-affected Persons can be individuals, or legal representatives such as enterprises or public 1

10 institutions. The definition of Project-affected Persons shall not bring any limitation on the legal registration, permission to live or ongoing business in the affected area, or bring any limitation to the compensation on its properties. Therefore, it includes: 1) All the affected persons who shall not be subject to their legal rights or their presence in acquiring their properties. 2) Persons who live in the given areas, but have no habitation permission. Therefore, all these affected persons, taking no account of their properties, lands or location, shall be considered and recorded as the affected persons. All the affected persons due to the project shall be compensated to improve or at least recover their living standard. In addition, their lost assets shall be compensated according to the replacement cost, no discounting or reduction on the compensation sum is allowed under the cover of depreciation or other excuses. All the affected persons shall have their rights and interests for the impact they will receive. Moreover, for rehabilitation, assistance shall be offered in addition to the compensation for property loss. Among the project-affected persons, those who run business, develop new farmland or build in project area without formal legal titles, asset ownership, or legal permission to live, shall be treated same as the persons who have the formal legal assets, rights and interests, or permissions, to be helped to restore their livelihood and get compensated for the lost properties. Definition of Resettlement mainly comprises: 1) Relocate the living arena; 2) Find a new job for the person whose job is affected; 3) Restore or rehabilitate (or compensate) the affected lands, workplaces, woods, and infrastructures, etc.; 4) Restore the living standard (quantity of life) for the persons who are unfavorably affected due to the land acquisition, indirect resettlement, or other projects; 5) Restore or compensate for the affected persons or government enterprise; 6) Restore the damages caused by unfavorably impact on culture or common properties. Definition of Rehabilitation : Rehabilitation means restoring the ability of carrying on the production activities for the project-affected persons, or elevates their living standards or at least keep their living standards at the levels before the project. This Resettlement Action Plan is aimed to provide a resettlement and rehabilitation plan for the project-affected persons so that their losses will be compensated; their living standards will be improved or at least restored to their present conditions. The affected business and manufacturing resources, enterprises (include shops), and public facilities and infrastructures shall also be improved or at least recover to the level before launching project. 2

11 Summary of Resettlement Plan for Shimen Urban flood control Subproject A. Status of Resettlement Plan 1. The proposed Hunan Province Shimen County Urban Flood Control Project will finance the following items: 1) heightening and thickening of embankment of 9.41km, including earth embankment of 7.8km, and anti-flood wall of 1.61km; 2) newly-built embankment of 7.63km;3) bank protection of 14.88km, and riprap banket of 0.4km; 4 ) 9 newly-built sluices; 5) 1 newly-built electric drainage station, with 3 pumps of 555kw; 6) 1 newly-built flood diverging canal, with a length of 3.97km; 7) 2 drainage channels to be renovated, with a total length of 3.77km.The resettlement plan includes all the above parts, and all the project impacts and resettlement measures are based on the preliminary design and a detailed survey of all the indices. The resettlement modes, and compensation standards have been reviewed and endorsed by Shimen County People s Government in the project area. The next stage technical design will be based on the preliminary design, so the basic scheme and project impact scope will not have any major changes. If there are changes during technical design or implementation, an updated RP will be prepared and submitted to ADB for concurrence. 2. The project executing agency for the Hunan Flood Control Project is the Key Project Office of Hunan Province Water Resources Department (HPWR). For the proposed Shimen Urban Control Subproject, the Local Project Management Office (LPMO) in Shimen Water Resources Bureau is the project implementation agency. This resettlement plan has been prepared by LPMO under the guidance of PPMO and assistance of Hunan Hydro and Power Design Institute (HHPDI) and ADB consultants. B. Scope of Land Acquisition and Resettlement 3. The proposed Shimen Urban flood control Subproject will affect Chujiang town, Erdu township, and Baofeng development zone of Shimen County, and 12 villages (residential committees), 45 villager s groups, and 1 enterprise of Yijiadu town. According to the detailed impact survey, about ha of land will be acquired permanently with percent as cultivated land (including, paddy field, 1.25 percent, dry land, percent, and commercial vegetable land, percent). The remaining percent is garden plot, water pond, rural housing plot, wasteland, and the state-owned land. During the construction period, about ha land will be occupied temporarily. Based on per capita farmland in affected villages, the land acquisition will affect 281 households with 820 persons, including 284 persons in 92 households impacted by temporary land acquisition, and 298 persons in the affected area need full economic rehabilitation. On average, each affected person would lose only ha of 3

12 cultivated land, which represents percent loss of their current cultivated land. 4. Along with land acquisition, a total of square meters of buildings would be demolished, the demolition would relocate 148 households and 464 persons. Among total affected houses, 76.53% are brick-concrete and brick-wood structures, with brick-concrete structure accounting for 55.66% of the total area. The relocation will provide an opportunity to improve current housing condition for relocated households. For affected rural households, they will be moved a short distance to another site within their original village. 5. Other affected assets include telephone, power and broadcasting and television infrastructure, walls, sunning ground, and economic trees. All lands, housing and other assets will be compensated at replacement value. C. Policy Framework and Entitlements 6. For people unavoidably affected, the resettlement objective is to achieve equal or better income and living standards in line with the PRC Land Administration Law (1998) and the ADB s Policy on Involuntary Resettlement. The Key Project Management Office under HPWR and Shimen PMO will ensure that any people losing land, housing, other assets or income source will be assisted to fully restore their income and living standards. The Hunan Provincial Government in 2000 issued a Methods of Hunan Province for Implementing the Land Administration Law of PRC, which stipulates the regulations for land compensation, resettlement subsidies, young crop compensation, house compensation and other measures to carry out resettlement. According to the policy, the total compensation (land compensation, resettlement subsidy and young crop) will be set at Y22140 per mu for irrigated farmland; Y18040 per mu for dry farmland, Y41900 per mu for commercial vegetable land, Y19800 per mu for garden plot; Y21600 per mu for water pond, Y20100 per mu for rural fhousing plot, and Y2700 per mu for wasteland. For state owned urban land, the compensation is set at Y22140 per mu for enterprise landuse and Y50000 per mu for residential land. Those people losing land temporarily during construction will receive a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years. The land used temporarily will be restored by the contractor to the original condition, or else additional funds will be provided to the owner to restore the land. For structures to be demolished, replacement value will be provided to the affected households based on compensation rates adopted in the affected districts, which is Y452 per square meter for urban brick-concrete structure (including land compensation), Y319 per square meter for rural brick-concrete structure, Y363 per square meter for urban brick-wood structure (including land compensation), and Y244 per square meter for rural brick-wood structure. For affected households, they will be provided with funds, and the rural residents will be provided with new housing sites to be connected with road, 4

13 electricity and water within the current village group or administrative village; for those affected urban households, they will be provided with a resettlement area with better conditions. In principle, they will be provided with cash compensation based on replacement housing, including Y75 per square meter for acquired urban residential land areas. There will be no reduction in house compensation for depreciation, and people will be allowed to salvage materials from their old houses. D. Resettlement Strategy 7. Efforts to minimize resettlement effects have been made after consultations with local officials during the setting of the alignment in the initial feasibility study. The adjustment of the preliminary design and research has resulted in 87.9 mu reduction of land, and 5098 square meters reduction of house demolition. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income. 8. 1) Among affected persons, 820 persons in 281 households are affected by permanent land acquisition, and the affected land per capita is 0.021ha. 60% of affected land is cultivated land with low yield and frequently suffers flood. 114 villager s groups are affected, as the resettlers are used to agricultural cultivation generally, they are lack of other skills to make a living, therefore, they ask for adjust cultivated land and keep their traditional production modes and livelihood sources. These villages and groups will mainly adopt the approaches of redistributing and readjusting the cultivated land within their original groups or alloting concentrated cultivated land in block and cultivated land with superior irrigation conditions with compensation from adjacent villages and groups with rich cultivated land resources, and then redistributing them to affected villagers; 2Within the project range, more than 20 mu wasteland suitable for cultivation in Yonggu village could be developed, the affected villagers are willing to develop them as the paddy field by means of building field matching facilities, and then, redistribute them to affected villagers for resettlement; 3Currently, there are 1792 mu orangeries in all villages and groups of the project area, due to causes of low input, outdated variety, and aged tree age in the previous period, about 30%~40% of orangeries are with low production level and bad economic benefits. Some villages plan to update variety, improve soil, and establish counterpart hydraulic facilities for the low-yield orchards, afterwards, they will be redistribute and contract to resettlers; 4The mountain resources of the project area are abundant, about 20 mu suitable land for forest with moderate gradient in Tiangong village of Baofeng development zone could be developed and established as horizontal and ladder orchards with high standard and resettled to some resettlers; 5It is planned to rebuild the collective hilly pond of Yueliang village of Baofeng development zone as the standard intensive cultivation fish pond, and then, it will be redistributed to affected villagers. 6Within 5

14 the project range, Huangni and Zhongdu residential committees of Chujiang town are close to the main urban area of Shimen County, most labors have already changed their jobs and undertaken the non-agricultural production. Therefore, based on choices of most resettlers, these villages and groups will adopt the cash compensation to affected rural households directly, and the cultivated land will not be adjusted within the villages and groups, and the affected households will utilize the compensated funds to choose the second and tertiary industries by themselves. 2) Among all affected persons, 464 persons of 148 households of 7 village (residential committees) will be affected by relocation, and the houses to be demolished are 22635m 2. 1Based on willingness of resettlers, 407 urban residents in 126 households will choose the cash compensation resettlement, the project will compensate for all the lost properties according to relevant policies, moreover, the local government will offer the house sources, they can choose to purchase new residences by themselves. 2There are 57 rural person in 22 households, scattered resettlement in their existing village will be adopted for them, funds equivalent to the existing house s value should be given to relocatees, their villages and groups will arrange their housing plot unifiedly to construct new houses by themselves, and the landuse standard of the housing plot to be rebuilt by relocatees is 180m 2 /household. 3) one enterprise in the project area will be affected by land acquisition and relocation. For the affected unit, since only the simple structure and auxiliary facilities will be demolished, no overall demolition and relocation will be needed. In other words, for affected work unit, the construction of project will not cause serious impacts on its production and operation. It is planned that after the cash compensation, the affected unit will establish the substituted houses by itself. 9. The Key Project Management Office under HPWR and Shimen PMO will ensure that the resettlement entitlements are provided to the people affected prior to the ground leveling and demolition commencement. Land compensation and resettlement subsidy will be paid to the affected village collectives or individuals. Housing compensation and compensation for young crops and other assets will be provided directly to people losing those assets. Compensation for infrastructure such as electrical and communication fixtures will be paid to the concerned government departments for restoration. 10. The resettlement regulations have standard provisions for moving allowances to assist the affected people during the transition phase. Also, the contractors for the project will be requested by the Key Project Management Office under HPWR and Shimen PMO to give priority to resettlement affected households in the allocation of unskilled jobs during construction. This will be handled through consultation with the township and village leaders. 6

15 E. Institutional Arrangements 11. Hunan Provincial Project Management Office (PPMO) will assume the overall responsibility for implementing resettlement for Hunan Provincial Flood Management Sector Project.. Hunan Provincial Resettlement Management Office of PPMO will provide guidance to the overall project implementation, take charge of coordination of working relationships among relevant project counties and districts and ensure successful implementation of both civil works and resettlement for all subprojects. For proposed Shimen Subproject, Shimen County People s Government will set up Shimen County project leading group in order to reinforce the guidance to the management of project implementation, coordinate working relationships among relevant townships and towns, and ensure successful implementation of the resettlement program. Under the county project leading group, Shimen Project Management Office is set up to be responsible for project implementation. Within LPMO, a resettlement management office is set up to carry out functions of resettlement planning and implementation for the subproject. With the assistance of concerned townships and villages, the resettlement management office is responsible for consulting with APs, delivering entitlements, supervising resettlement implementation and conducting resettlement monitoring and evaluation. F. Vulnerable Group 12. Based on the investigation, 285 persons from the ethnic minority will be affected by the project, accounting for 22.13% of the total affected persons. All of them come from Tujia Nationality, inhabiting in the same places for generations. They speak Chinese and intermarry with Han Nationality, which results in assimilative with Han Nationality in the aspects of living and social customs. 13. Of the total affected people, about 1.79 percent is the affected vulnerable groups of 23 persons in 15 households. Most of them are the urban poor who are entitled to urban minimum living allowance and widowed old people. Under the Resettlement Plan, vulnerable groups will receive the following additional assistance: (i) physical help in housing construction and relocation free of charge and (ii) a special subsidy will be paid to enable them to maintain their living standards while constructing their houses. The specific amount for such assistance will be determined according to the actual condition and their needs. For this purpose, The Key Project Management Office under HPWR and Shimen PMO agreed to set aside a special fund with 1 percent of total resettlement cost, which will be used to provide direct and needed help for those vulnerable people. G. Consultation and Grievance Redress 14. The national, provincial, and county policies and laws related to the resettlement require disclosure and consultation with people affected. The people affected have been notified about the key elements of the 7

16 RP during meetings and interviews. Prior to implementation, there will be further consultations arranged by township and village officials to discuss specific impacts in each village and how they will be addressed. The people losing housing will be offered a choice of housing sites; and those losing agricultural land will have the opportunity to consider suitable income replacement alternatives. All villagers will also have input to decisions on how to utilize the collective compensation funds. 15. In June 2007, a resettlement information booklet was distributed to all affected townships, villages and households by the Shimen Resettlement Office. The information booklet contains the resettlement scope, expected timeframe, compensation rates for land and other assets, other assistance to replace assets, relocation and economic rehabilitation strategies, and the grievance redress mechanisms. The county, township and village officials will ensure that any concerns raised by the people affected are quickly addressed. 16. In case of grievance, people affected will submit their oral or written complaint first to the village committee or the township resettlement office. If their complaint is not settled in ten days, they can seek redress at the county resettlement office, within one month. If still unresolved within two weeks, the PRO of HPWR will try to achieve a solution. The final redress would be sought, if necessary, in the civil courts, in accordance with the Civil Procedures Act. H. Monitoring and Reporting 17. The detailed plan for internal and external monitoring and evaluation is included in the RP. The LPMO of Shimen Water Resources Bureau will engage a qualified monitoring agency to carry out independent resettlement monitoring and evaluation. The independent monitoring agency will ascertain the extent to which the affected people have (i) received their full entitlements on time and (ii) fully restored their livelihoods, income levels and living standards. It will also conduct a baseline survey prior to resettlement, semi-annual investigations during resettlement and annual survey updates for two years after the completion of resettlement. The household survey will include a representative number of those severely affected by loss of land, those losing housing, and those classified as minority and economically vulnerable. 18. Under the leadership of the Key Project Management Office under HPWR, Shimen Subproject PMO will set up a quarterly reporting system and will report to PPMO on the progress of land acquisition and resettlement through resettlement progress reports. The Key Project Management Office under HPWR will provide ADB progress reports on the progress of land acquisition and resettlement. The selected external monitoring and evaluation agency will provide the independent monitoring and evaluation reports to LPMO, which will also be submitted to ADB through PPMO. The external monitoring and evaluation reports will be prepared twice a year during resettlement implementation and once a year 8

17 after resettlement completion. After completion of land acquisition and resettlement, the PRO of LPMO will prepare a resettlement completion report, which will be submitted to ADB through PPMO. I. Finance and Implementation Schedule 19. The RP budget estimate is RMB million yuan, for all costs including compensation, resettlement subsidy, payments for other assets such as housing, moving allowances, subsidy for vulnerable groups, fees for resettlement administration, and monitoring and evaluation. The LPMO will guarantee to supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. 20. The resettlement schedule has been prepared according to the project construction schedule approved by the EA. It is planned to start the land acquisition in August The house demolition will be carried out during August 2007 to October In the progress schedule, it is planned to develop and readjust the cultivated land in the end of 2007 as well as resume the livelihood and living conditions in October 2008 completely. 9

18 1. General Description of Project 1.1 Project Background Hunan Province is located on the south bank of middle reaches of Changjiang River, bordering Jiangxi Province on the east, neighboring the Wuling Mountains on the south, connecting Guangdong Province and Guangxi Province, and close to the Guizhou Province and Chongqing City with the unbroken mountains in Guizhou and Chongqing areas. Changjiang River separates Hunan Province and Hubei Province on the north, and nearly 70% cities of Hunan Province are located in mountainous areas or hilly areas. These cities lie in the areas with relatively high ground elevation, and the landform varies greatly. These areas are subject to the flash flood though they are affected little by the Dongting Lake and the propping of tail water level of the four rivers. Because the river level in mountainous areas rises sharply and abruptly with great flow velocity, the cities along the river are always destructively damaged. In November of 1999, worked out the report on urban flood-control planning in Hunan Province according to Flood-control Planning Outline for Changjiang River Drainage Area and Compilation Outline for Urban Flood-control Planning (Ministry of Water Resources [1998] No.215 Document). This report covers 91 cities, plans for the 18.3 million urban populations, and 2253km 2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are km in total, and the would-be-built embankments total km. Only the cities of above-county-level and once seriously damaged by the flood in the mountainous areas in Hunan Province will be covered by this urban flood-control project in this time. They shall be the economy developed area, such as Xiangtan, Zhuzhou, and Hengyang, which are all the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, paper making, mining, medicament, and foodstuff. And, of the local areas these cities shall be the financial, communications, and business centers as well as the science and education centers, where the municipal or county government is located, and moreover the distributing center of agricultural produce, industrial product, and commodities. Their economic status is very important. These cities are the main centers of the economic development of those areas with dense population, and are clustered with properties. If these cities are submerged or suffered great losses, the economic development of local areas will be seriously affected. In addition, the manpower and material resources are abundant in these cities; it is the main rear base for flood-control and providing disaster relief. The 10

19 submergence of these cities will bring the disaster relief and rehabilitation into a passive situation. In years, the government at every level in Hunan Province and the local masses took great pains and sacrificed a lot for fighting the floods in these cities, and enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kw have been built. Because the flood-control works is improving slowly, the present urban flood-control standards of these cities are low, which are only for the 4-year-occurrence ~ 20-year-occurrence floods, and their waterlogging drainage abilities are only for floods between 3-year-occurrence ~ 8-year-occurrence, and only a few cities are in the fortified status, while most cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low. The flood disasters hit there in successive years. According to historical record, great floods occurred in 1980,1981,1983, and 1988 after the frightful flood cataclysms in 1954 and The losses caused by flood and waterlogging rose year after year. In 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large floods and waterlogging disasters happened successively, which caused great losses. Many cities were submerged wholly or partly, and nearly all cities are damaged by flood and waterlogging to various degrees. In 1991, the losses caused by flood disaster amount to 760 million yuan; in 1993, the losses caused by flood disaster amount to 1870 million yuan; in 1994, the losses caused by flood disaster amount to 3090 million yuan; and the great floods in 1995,1996 and 1998 each caused over 5000 million yuan losses, reaching 5610 million yuan, million yuan and 5973 million yuan respectively. Such enormous losses caused by flood and waterlogging disasters have seriously hindered the life and property of people in urban areas. Therefore, the construction progress and urban flood-control project strengthening shall be speeded up and beefed up to facilitate the economy development being in a speedy, stable and forward way. By constructing and perfecting the necessary flood-control and waterlogging treatment facilities, efforts shall be made to promote the beneficial and abolish the harmful so as to guarantee the safety of people s lives and assets and to promote the economic development. The flood control and waterlogging harnessing standards of Shimen County are low, the complete protection circle has not been formed by the existing embankments, and its flood control capacity is 5~10-year-occurrence only. Once flood happens, the place in low topography along the river in the urban area will be inundated, and the loss to the city will be huge. For example, extralarge flood of 1998, it caused a direct economic loss of RMB 620 million yuan to Shimen County and affected the economic development and social stability of the county. With the rapid economic development of the urban area of Shimen County, its landuse scale of the urban area expands, and the urban population increases 11

20 swiftly, accordingly, it is necessary and urgent to accelerate the construction of the flood control and waterlogging harnessing project, improve the urban flood control and waterlogging harnessing capacity, and create a stable and clean production and living environments for the people of the whole county. 1.2 General Situation of Project Areal Geography Location Shimen County is located in the northwest part of Hunan Province, in the border area of Hunan and Hubei, connects with Lixian County and Linli eastwards, joins Cili and Taoyuan southwards, reaches Sangzhi and Hefeng westwards, and adjoins Wufeng and Songzi northwards. It is situated between longitude of ~ E and latitude of ~30 08 N. The total land area of the whole county is 3973 square meters. With regard to the county, the northwest part is peaks over peaks as well as steep and mountainous, and the southeast part is fluctuant and tends to flat gradually. The county is situated in the middle and lower reaches of Lishui River in the county. See attached drawing 1 for the Schematic Drawing of Geographic Position of Shimen County Urban Flood-control Project Contents and Scale of Project Construction Shimen County Urban Flood Control Project is an urban flood control project in the hilly area of Hunan Province utilizing ADB loans, based on the selected project scope, flood control and waterlogging harnessing standard, and project tasks, the construction scale of Shimen County Urban Flood Control Project is confirmed as follows: 1) newly-built embankment of 7.63km, of which, the protection circle of Dongcheng area is 1.90km, and the protection circle of Baofeng area is 5.73km; 2) heightening and thickening of embankment of 9.41km, including earth embankment of 7.8km, and anti-flood wall of 1.61km; 3) bank protection of 14.8km, and riprap banket of 0.4km; 4) 9 newly-built sluices; 5) 1 newly-built electric drainage station, with 3 pumps of 555kw; 6) 1 newly-built flood diverging canal, with a length of 3.97km; 7) 2 drainage channels to be renovated, with a total length of 3.77km Project Investment Estimation and Planned Progress According to the Feasibility Study Report on Hunan Province Shimen County Urban Flood-control Project Utilizing Loans from Asian Development Bank, which is compiled by the Hunan Province 12

21 Hydro and Power Design Institute, the total investment of the subproject is RMB million yuan, including the resettlement investment of RMB million yuan. Based on the project progress, the time limit of the main works is 24 months, and the total time limit is 34 months. Thereinto: the period before September of the first year is the preparatory period; September of the first year ~April of the second year will complete the anti-flood wall project of Dongcheng protection circle, embankment project, heightening and thickening project of embankment, Yonggu sluice, Xujiahe sluice, Shenjiaxi pumping station, and Yonggu drainage channel project; September of the second year ~April of the third year will complete the riprap banket project of Baofeng protection circle, wave wall project, embankment project, Baota sluice, Yueliang sluice, Caoshi sluice, Majiahe sluice, Baofeng flood diverging river, and Xianfeng drainage channel; September of the third year ~April of the fourth year will complete the heightening and thickening project of embankment of Baofeng protection circle, Fengtai sluice, Daxing sluice, and Qinglong sluice, and May is the winding-up period of the project Socioeconomic Benefit of Project After completion of the project, it will elevate the flood control standard of Shimen County from the existing 5~10-year-occurrence to 20-year-occurrence, thus, it will largely mitigate threat to lives and properties of the people by flood and waterlogging disasters. As the flood control embankment is integrated with the rebuilding of the old urban area, urban roads, water supply and drainage, sewage harnessing, as well as renovation of the bank lines, it could not only beautify and purifty the environment, but also relief the jumbly traffic pattern of the urban area in the downtown area; The garden sites formed through the embankment afforestation could not only beautify the city but also offer a superior rest and entertainment area for residents. Therefore, the project implementation will not only produce obvious social benefits, but also be propitious to construction and application of production facilities of various industries in the city, as well as establish a firm foundation to improve the urban environmental construction. Based on the statistical table of flood risky status of the urban area of Shimen County as well as the flood and waterlogging losses in past years, through the frequency calculation method, it is calculated that, after the flood control and waterlogging harnessing project is implemented, the mean average flood control and waterlogging harnessing benefits will reach RMB million yuan (index of 2005). The national economic evaluation will carried out based on Economic Evaluation Specifications for Hydraulic Construction Project (SL72-94), the indices are as follows: the total investment internal rate of return is 15.2%, larger than 8%, the economic net present value is RMB million yuan, larger than zero. It shows that all economic evaluation indicators of the project are sound, and the project has strong anti-risk capacity. Therefore, from the economic point of view, it is reasonable to 13

22 implement the project. 1.3 Affected Scope of Project Based on the urban flood control planning of Shimen County, the flood control protection range is divided into 2 flood control protection circles of Dongcheng district and Baofeng district according to the water system distribution and natural landform. The flood control embankment of Dongcheng district protection circle starts from the port of Shimen harbor navigation administrative office of Yanjia dam westwards, and ends in the oil plant of Yishi City via Tujiahe and Shenjiaxi, with a total length of 6.55km; The flood control embankment of Baofeng district protection circle starts from Xijiekou, and ends in Qinglong via Shimen bridge, Shizinao, Yueliangxi, Majiahe, and Daxing, with a total length of 13.25km. Of which, the main engineering measures related to land occupation and relocation include embankment consolidation and building, renovation, rebuilding, and construction of sluices and electric drainage stations, construction of flood diverging canal, in addition, the project construction site, and temporary land use of borrow pits, are also included. The land acquisition areas, and the area in which the people s livelihood and production will be seriously affected by the project construction shall all be regarded as the affected areas due to the project land acquisition and relocation. In this phase, the affected area due to the land acquisition and relocation in project is based on the recommended scheme in the project preliminary design phase and the design longitude and transversal profiles on 1/2000 topographic map. The land acquisition and resettlement of the project will affect 45 villager s groups of 12 villages in four town(ships) of Chujiang town, Baofeng development zone, Erdu township, and Yijiadu of Shimen County. The final scope of land acquisition and relocation scope will be confirmed after detail measurement survey Compilation of Resettlement Plan Basis and Objective for Report Compilation Basis for Design 1) Hunan Province National Economic and Social Development the Tenth Five-year Plan and Long Range Plan for ) Shimen County National Economic and Social Development the Tenth Five-year Plan and Long Range Plan for ) Urban General Planning of Shimen County ( ) 4) Statistical Yearbook of Shimen County ( ) 5) Urban Flood-control Planning Report of Shimen County 14

23 6) Feasibility Study Report on Hunan Province Shimen County Urban Flood-control Project Utilizing Loans from ADB () Policy Foundation 1) National laws and regulations 2) Laws and regulations in Hunan Province 3) Involuntary resettlement policy of ADB (published in November of 1995) and Resettlement Handbook practical and operable guidance on practice (published in 1998) Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or minimize the quantities of physical goods to be removed and relocated; if the land acquisition and relocation is unavoidable, try best to adopt the effective measures to minimize the impact on the local residents due to the land acquisition and relocation. 2) In project preparation phase, conduct the social economy investigation and compile the relevant resettlement plan; 3) The resettlement shall be based on detailed physical indices in terms of relocated material goods and compensation standard in order to increase or at least restore the income and production levels for the affected people; 4) Promote resettlement in a developing mode. The resettlement from in the rural areas shall be land, land-based, supplemented with possible employment in second or tertiary industries. 5) Encourage the resettlers and original residents in resettlement area to take part in the resettlement planning; 6) Try best to resettle in the original community. 7) The resettlers and the former residents in resettlement area shall all be benefited from the project Method of Report Compilation The Key Project Management Office under the Water Resources Department of Hunan Province as project EA is responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government shall all participate in the process. From December of 2004~ January of 2005, the designers had conducted the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in project area. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out. In investigation, designer had consulted with the county PMO (project management Office) and held several resettlement coordination meeting attended by the government department of every level and represents of resettlers. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement plan. 15

24 From March to April 2006, based on the changes of the result scheme in the preliminary design phase, the designers rechecked and adjusted the land acquisition impact range and physical indexes correspondingly. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected township, town (development zone) in project area. From May to June 2006, referred to the RPs of eight core flood control subprojects of the hilly area of Hunan Province and the opinions on 8 core subprojects put forward by TA experts from ADB, the designers amended and perfected the resettlement planned scheme further, and the resettlement plan for Shimen Subproject was finally prepared on these basis and approved by local people s government in the project area. 16

25 2. Project Impacts 2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts Measures for Reducing the Land Acquisition Impacts in Project Design Phase Since the start of the project preparation, in order to reduce the impact on the local social economy due to the project construction, the flood-control scenic road plan has been revised and improved for several times, and the special technical review meetings had been conducted. The objective of plan optimization is to minimize the scope of impact, reduce resettlement cost and facilitate the project construction. 1) In project planning and comparison phase, try best to consider more about the impact on the social economy due to the project construction, and take the project plan perfecting as the key factors in comparison of different alternatives. During the feasibility phase, the urban flood control planned range of Shimen County is divided into three protection circles, that is, protection circles of the old urban area, Dongcheng area, and Baofeng area. Dongcheng area and Baofeng area are going to build a new south-north separating dike. The preliminary design, based on few basic farmland and few demolition of houses, optimizes the scheme of dike line layout. The details of the scheme comparison are as follows: 1) Dongcheng Area protection Circle Scheme I: It is scheme of feasibility phase. After the front-line dikes are to be built from Yanjia Dam to Shengjiaxi, a separating dike is to be built from Shengjiaxi to Xiaomuyuan Slope via Heping Village. The separating dike has a length of 1.21km and the dike line has a length of 5.85km in total. Scheme II: After the front-line dikes are built from Yanjia Dam to Shengjiaxi, with no separating dike built, go on heightening and thickening dikes till Yishi. The length of heightening and thickening dikes is 1.91km. The dike line of this scheme has a total length of 6.55km. See table for details of technical and economic comparison of two schemes. 17

26 Schemes Comparison of Dike Line of Dongcheng Area protection Circle in Shimen County Table Item Scheme Dike length (km) protection area(km 2 ) Engineering quantities Earthwork excavation(10000m 3 ) Earthwork backfill(10000m 3 ) Clay-bound pavement (10000m 2 ) Masonry(10000m 3 ) Concrete(10000m 3 ) Asphalt cedarn plate(10000m 2 ) Sand-stone cushion(10000m 3 ) Sodding protection(10000m 2 ) Scheme I Scheme II Remarks The engineering quantities refer to those of the dike projects Land occupation (mu) Permanent land occupation House demolition (m 2 ) Direct cost(10000 yuan) Excluding taxation expense Investment of Protection Unit Area(10000 yuan /km 2 ) Scheme option For reference To be preferred 2) Baofeng Area protection Circle Scheme I: It is scheme of feasibility phase. After the front-line dikes are built from Shizinao to Majia River via Yuelianxi River, then set up separating dikes along Chengshi southward Xianfeng Village, forming a closed circle. The separating dike has a total length of 2.56km and the total length of dike line is 10.67km. Scheme II: After the front-line dikes are built from Xiejiekou to Majia River, via Shizinao and Yueliangxi River, heighten and thicken the dikes till Qinglong and the bank are connected so as a protection circle Xinjiekou-Majia River-Qinglong. The dike is extend for 5.14km and the total dike length is 13.25km. See table for details of technical and economical comparison of two schemes. 18

27 Schemes Comparison of Dike Line of Baofeng Area protection Circle in Shimen County Table Engineering quantities Item Scheme Dike length(km) protection area(km 2 ) Earthwork excavation(10000m 3 ) Earthwork backfill(10000m 3 ) Scheme I Scheme II Remarks Masonry(10000m 3 ) Concrete(10000m 3 ) Sand-stone cushion(10000m 3 ) Riprap (m 3 ) Clay-bound pavement (10000m 2 ) Sodding protection(10000m 2 ) Pumping station (seat) Sluice (seat) 4 7 The engineering quantities refer to those of the dike, flood diverging canal, and drainage channel projects Land occupation (mu) Permanent land occupation House demolition (m 2 ) Direct cost(10000 yuan) Excluding taxation expense Investment of Protection Unit Area (10000 yuan /km 2 ) For To be Scheme option reference preferred From the above Table and Table 2.1-2, the preliminary design is based on the principle of Non-voluntary Relocatees Policy to try to reduce the relocation of relocatees. The protection circles of Dongcheng area and Baofeng area choose the preferable scheme with fewer land occupation and smaller area of demolition. 2) The direction of alignment shall try best to be based on the existing dikes. In design, try to reduce the area occupied; the alignment of dike along the river shall try best to be laid in the section without residents or with few resident. Try best to avoid the house demolition and taking the cultivated land of relatively good irrigation. In the densely populated area in cities and towns, the alignment of new dikes shall try best to keep away from the highrise buildings or multi-floor buildings to reduce the quantities of demolition and relocation. 3) Optimize the construction design, shorten the construction period, and reasonably arrange the house relocation and construction period, try best to reduce the losses of resettlers properties. For example, 19

28 the house relocation and rebuilding shall be conducted in the farm slack season, and the land using shall be started after reaping the crops. Try best to utilize the wastelands as for the expropriated land on which the construction period is long (over two years). 4) In the design, fully consider the inconvenience brought about to the life and production of local residents due to the dike construction. In general, for the convenience of local residents, recover the damages of channel system, mechanical pier, communications facilities and other infrastructures after dike construction to keep the complete functions of infrastructures Measures for Reducing the Impact due to Land Acquisition in Project Construction The lands occupied in this project are distributed in linear form, and the whole project area will not have significant impact on the local industrial and agricultural production, basic livelihood and local economy. The land acquisition and relocation along the linear area will not bring much impact. In order to minimize the impact on the local area due to the project construction in so far as possible, special attention will be paid to the layout of construction site and selection of construction scheme, and prevent the unnecessary land acquisition and house demolition. The following measures shall be adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey. Try to remove less or do not remove the houses which is unnecessary to remove or can be partly removed in practical. 2) Before the demolition of the buildings due to the temporary land occupation by the project, report to the unit of owner by PMO to empty it. Or set up the temporary housing to be used in resettlement within the unit area. After the project completion, rebuild new buildings and return to the original owner or unit. 3) For the loss of residential structures caused by the demolition and relocation, adequate compensate will be provided according to the replacement value, and all unfavorably impact on resettlers will be minimized in the process. 4) The resettlement area shall be located at the place close to the original residential areas so as to keep the existing social relationship for the affected people, on the other hand, it will also reduce the commuting for the affected people. 5) Notify the affected enterprises in advance, arrange the site for relocation, provide adequate compensation, shorten the interruption period, and coordinate LPMO to provide proper rehabilitation for affected employees. 6) During relocation and resettlement, the concerned local functional departments shall vigorously support the resettlers and affected enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief the burden on resettlers. 20

29 7) Strengthen the mechanism of public participation. Before the project construction, clarify the project commencement time and project construction planning progress by putting Notice in the project affected area and the resettlement area, disclose compensation policies for land acquisition and resettlement, accept monitoring from the relocatee and host population in resettlement area; In project construction period, give priority to use the local materials. For benefiting the affected persons from the project construction, use the local transportation and labor if the technical conditions allowed. 8) Reduce the dust emission and strengthen health management for construction workers. The construction unit shall carefully plan the routing for transport earthwork and stonework. Measures shall be adopted to guarantee that the soils and stones won t be sprinkled along the way from the truck full of loading, and thus affect the environment tidiness. In construction period, a large number of labors will come to the worksite to undertake all kinds of works and services. In order to guarantee the public security and orders in work site and the health of various groups in construction area, the project construction unit shall supervise and urge the builders to obey the regulations of local environment sanitation department, toughen the management on the healthy protection for builder group, timely clear the domestic waste on construction site, keep the construction area tidy, and prevent the occurrence and transmission of infectious diseases. 2.2 Investigation on Project Impacts Investigation Contents From December of 2004 to January of 2005, Hunan Province Hydraulic and Hydropower Design Institute, together with the Shimen County Water Resources Bureau, the government at each level, formed a joint investigation team. The team conducted the comprehensive survey on the project impacts according to the coverage determined in engineering design and the 1:2000 geologic type topographic map in hand. The contents of investigation included the land acquisition, the land acquisition affected population, houses to be removed and relocated, and supplementary facilities, scattered trees, small businesses of industry and commerce, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc. From March to April of 2006, based on the changes of the result scheme in the preliminary design phase, the designers rechecked and adjusted the land acquisition impact range and physical indexes correspondingly Investigation Method 1) Investigation in Land Acquisition: The investigators clearly found out on-spot the ownerships of various lands according to the 1/

30 topographic map in hand. The area of cultivated land, garden plot, woods, and various lands were measured and calculated in the unit of villager s group. 2) Demographic Census: In the investigation in the land acquisition and relocation, affected people was classified into three kinds, affected by land acquisition without relocation, affected by demolition and relocation without land acquisition, and affected by both land acquisition and relocation. The actual affected populations were further divided according to the non-agricultural population and agricultural population, with comprehensive investigation in the unit of households on the nationality, age structure, education background, and employment status. They were checked out on site according to the household register card, and register the results of survey in detailed lists for each family. 3) Investigation in Houses and Auxiliary Facilities: The comprehensive survey on house structures was conducted, the area of houses was measured and the quantities of supplementary facilities were investigated household by household, and then registered them in detailed lists. 4) Investigation in Scattered Trees: The scattered trees were counted on-spot in the project-land-acquisition affected area to classify the fruit trees and other trees and separately register according to the tree types. 5) Investigation in Small Shoppers The small shoppers were investigated and registered in the way of household by household. The investigating and statistical contents include the business items in operation, coverage of business area, number of employees, annual turnover, and operating profit, etc. 6) Investigation in Enterprises and Institutions: The following contents were surveyed and checked: names of affected enterprises in the land to be expropriated, location, department in charge, month and year of foundation, the coverage of factory area, land area for production, area of buildings, number of staff, fixed net assets, annual output volume of major products, annual output value, annual profit turnover, lump sum of tax, and lump of wages per month, etc. 7) Investigation in Special Facilities: The investigator checked the quantities on site, registered in detailed lists by item according to the 1:2000 topographic map of geologic type and the data supplied by department in charge. All the survey results of physical indices were reviewed and confirmed by various local governments of each level and department in charge. 22

31 2.3 Investigation Results on Project Impacts According to survey, the land acquisition and relocation for this project involves 45 villager s groups and 12 village (residential committees) of Chujiang town, Baofeng development zone, Erdu township, and Yijiadu town of Shimen County. See Summary Table 2.3-1for details of investigation results on project impacts. Investigation Summary Table for Land Acquisition and Relocation Impacts in Shimen County Urban Flood-control Project Table I. Administrative region 1.Township (Sub-district) 2. Administrative village (residential committee) Item Unit Total Subtotal Chujiang Town Shimen County Baofeng Development Zone Erdu Township Yijiadu Town Villager s group II. Project Affected Population 1. Impact due to permanent land acquisition Number of household Household Population Person Population needs economic rehabilitation 2. Impact due to temporary land acquisition Number of household Person Household Population Person Impact due to demolition and relocation Number of household 0 Household Institution& Enterprise 23

32 Investigation Summary Table for Land Acquisition and Relocation Impacts in Shimen County Urban Flood-control Project Table Item Unit Total Subtotal Chujiang Town Shimen County Baofeng Development Zone Erdu Township Population Person Affected units and enterprises Number of employee Affected employee due to stop business 5. Project Affected Total Population III. Houses and accessory structures Yijiadu Town Institution& Enterprise 1 1 Person Person Person (I) Residential house m Houses in towns m Brick-concrete structure Brick-wood structure Simple structure m m m2 2. Rural residence m Brick-concrete structure Brick-wood structure m m Simple structure m (II) Non-residential houses m Simple structure m (III) Accessory structure 1. Bounding wall m Cement sunny ground m Air-conditioner Telephone (IV) Scattered trees Fruit tree

33 Investigation Summary Table for Land Acquisition and Relocation Impacts in Shimen County Urban Flood-control Project Table Item Unit Total Subtotal Chujiang Town Shimen County Baofeng Development Zone Erdu Township 2. Economic tree Sundry trees IV. Permanent land requisition (I) Collectively-owned land Yijiadu Town Institution& Enterprise mu mu Cultivated land mu Paddy field mu Dry farmland mu Commercial vegetable land mu Garden land mu Water pond mu Rural housing plot mu Unused land mu (II) State-owned lands mu Industrial land mu Residential land mu V. Temporary lands mu Dry farmland mu Shrubbery land mu Barren grassplot mu VI. Special facilities 1. Transmission and transformation facilities 10KV high voltage lines 380V low voltage lines km km Telephone lines km CATV lines km Broadcasting lines km Land Affected by Project 1) Permanent Land Acquisition 25

34 The permanent land acquisition in this project covers 4 town(ships) (development zones), 12 administrative villages, and 45 villager s groups. Various land with an area of mu will be expropriated, of which the collectively owned land is mu, including the paddy field of 3.5 mu, dry land of 129.1mu, commercial vegetable land of 39.2 mu, garden land of 62.1 mu, water pond of 3.2 mu, rural housing plot of 7.17 mu, and unused land of 17.5 mu. See table for details; the state owned land is mu, including the industrial land of 1.53 mu, residential house land of mu, see table for details. 26

35 Table County Town(ship) (Development Zone) Table of Permanent Land Acquisition in Shimen County Urban Flood Control Project Village (Residential Committee) Group Total (mu) Subtotal Cultivated Land (mu) Paddy Field Dry Farmland Commercial Vegetable land Garden Land (mu) Water Pond (mu) Rural Housing Plot (mu) Unused Land (mu) Shimen County Chujiang town Yanjiaba Huangni Yonggu Xinchang Baota Zhongdu Erdu township Zhoutou Heyan Baofeng development zone Yueliang Tiangong Caoshi Yijiadu Yishi

36 Investigation Table of State-owned Land in Shimen County Urban Flood Control Project Table County Town(ship) (Development Zone) Village (Residential Committee Total Enterprise Land Residence Land Shimen County Chujiang town Xinchang Yanjiaba Baota Zhongdu Huangni Baofeng development zone Tiangong ) Temporary Land Acquisition The construction temporary land acquisition refers to the temporarily-borrowed land in the project construction period, including land acquisition of stone material yard, spoil area, construction plant, construction warehouse, and temporary living quarter and temporary construction road during construction period. 1The total area of the construction plant, construction warehouse, temporary living quarters for the contractors, and temporary structures in the project is 43440m 2. As they are mainly allocated in the project permanent land acquisition range along the dike, there will be no temporary land acquisition impact to the layout of the construction plant, construction warehouse, and temporary area for livelihood during construction period. 2 During the execution of works, in-site access mainly utilizes the existing crown road. And build temporary road for earth transportation, having a length of 4.0km. The connecting traffic road which are consolidated and repaired are about 5.5km and the temporary road occupies land of 32000m 2. As the compensation costs are included in the project contract as one part of the project costs, they will be paid by the construction Contractor. Accordingly, the project construction temporary road land acquisition will not be included and the compensation costs will not be estimated in the report. 3The main temporary land occupation impacts come from 3 soil material yards and 3 spoil areas, and it covers 2 town(ships), 4 administrative villages, and 6 villager s groups. The area of various land to be acquisitioned temporarily is 444.3mu, thereinto, dry farmland, 182.4mu, shrubbery land, mu, barren grassplot, 37.60mu, and the mean time limit for land borrow is two years. See table for details of the statistical conditions of the investigation results of the temporary land acquisition in this project. 28

37 Investigation Statistical Table of Project Permanent Land Acquisition in Shimen County Urban Flood Control Project Table County Shimen County Town(ship) (Development Zone) Village Type of Land Occupation Total Area of Temporary Land Utilization (mu) Dry Farmland Shrubbery Land Barren Grassplot Erdu township Chujiang town Tongqiao Xianfeng Soil material yard Spoil area Soil material yard Baota Spoil area Liujiaping Spoil area Soil material yard Remarks Affected Population Due to Project 1) Affected Population Due to Land Acquisition The investigation of the affected population due to land acquisition of the project will be counted from two aspects, one is the actually affected population due to land acquisition of the project; the other is the number of agricultural population need economic rehabilitation according to the principle of Land Administration Law of the People s Republic of China, namely, the economic rehabilitation shall be rearranged to the agricultural population who has lost all of their main productive materials - cultivated land. The concept of the number of persons requiring economic rehabilitation is calculated based on collective land ownership in rural China, which is an important indicator in analyzing land acquisition impacts in the process of land acquisition and resettlement. Based on the physical indices during the course of investigation on relocation and demolition of land acquisition in the project, the population in need of economic rehabilitation will be counted in villagers groups. The agricultural population in need of economic rehabilitation in the project will be obtained with the area of land acquisition divided by cultivated land per capita of each group before land acquisition. 29

38 And the result of agricultural population was 298 persons. As the project is distributed in linear shape along Lishui River, for most affected persons, they would only lost small part of lands. According to the site investigation and statistics, 281 households (820 persons) are actually affected by land acquisition in the project, of which, 189 households (536 persons) will be actually affected by permanent land acquisition in the project, averaging only 0.32 mu cultivated land per person. About 92 households (284 persons) will be actually affected by temporary land acquisition. 2) Affected Population Due to Demolition According to the site investigation, the area of the residential houses to be demolished due to the project is m 2, and 148 households of 464 persons should be relocated, including, 126 households of 407 person in the urban area, and 22 households of 57 persons in the rural area, and the new house construction is required for resettlement. 3) Employees in the Affected Enterprises According to the investigation, 1 enterprise will be affected by the project construction, and there are 31 employees in all. Since land acquisition and demolition will not cause interruption of business operation of enterprises and institutions, no employee will suffer the losses due to the land acquisition process. 4) Total of Affected Population Due to Project Through statistics, 419 households (1288 persons) will be affected by the project land acquisition. Among them, 271 households (793 persons) will be affected by land acquisition (without house demolition), which will include 92 households (284 persons) to be affected by the temporary land acquisition); 138 households (437 persons) will be affected by house demolition only (without land acquisition); and 10 households (27 persons) will be affected by both the land acquisition and house demolition. In addition, 31 employees will be affected by the enterprise demolition. Among the affected population due to land acquisition and relocation, 298 agricultural persons need economic rehabilitation, and 148 households (464 persons) need to be rehabilitated through new house construction. See table for details of the affected population in the project Houses and Auxiliary Facilities to be Demolished 1) Affected Residential Houses and Auxiliary Facilities by the Project The residential houses to be demolished in the project cover Chujiang town, Baofeng development zone, Erdu township, and Yijiadu and 9 village (residential committees) of Shimen County. About 148 households (464 resettlers) will be relocated totally, and the total demolished houses amount to 22635m 2 of which, 22 households (57 persons) are rural residents, the demolished houses amount to 4528m 2, among them, there are brick concrete 2576m 2, brick wood, 966m 2, simple structure, 986m 2. The non-agricultural person to be relocated is 126 household (407 persons), the area of houses is 30

39 18107m 2, with brick concrete as10301m 2, brick wood, 3863m 2, simple structure, 3943m 2. Along with house demolition, there are cement sunny ground, m 2, wall, 3752m 2, 19 air conditioners, and 59 telephones. According to the investigation, in the project land acquisition area, most residential houses are individually owned. Most residential houses are one or two-floor houses with brick concrete structure and brick wood structure, and only a few houses are the old ones with wood structures or earth wood structures. Since many demolished houses were built in the end of 1980s and beginning of 1990s, the basic living conditions and the related facilities are considerably poor. Most residents also hope they can move as soon as possible, so as to improve their living conditions. See table for details of the investigation conditions of the residential houses to be removed in the project. 31

40 Table Affected Type I. Permanent land acquisition (1) House removal Summary of Affected Population Due to Land Acquisition and Resettlement in Shimen County Urban Flood Control Project Total Village Township (Residential (Sub-districts) Committees Number of household Land acquisition, without removal Population Number of household Removal, without land acquisition Population Number of household 32 Land acquisition and removal Relocation is required Number of Number of Population Population household household Population Population in need of production resettlement Chujiang town Baofeng development zone Erdu township Xinchang Yanjiaba Yonggu Baota Zhongdu Huangni Yueliang Caoshi Tiangong Zhoutou Heyan Yijiadu town Yishi Employee population Affected population due to production and enterprise stop

41 Table Affected Type (2) Demolition of non-house II. Temporary land acquisition III. Total of affected population Summary of Affected Population Due to Land Acquisition and Resettlement in Shimen County Urban Flood Control Project Total Village Township (Residential (Sub-districts) Committees Number of household Enterprise and Institution Land acquisition, without removal Population Number of household Erdu township Chujiang town Removal, without land acquisition Population Number of household Land acquisition and removal Relocation is required Number of Number of Population Population household household Population Population in need of production resettlement Employee population Tongqiao Xianfeng Baota Liujiaping Affected population due to production and enterprise stop 33

42 Investigation Table of Private Houses and Auxiliary Structure Affected by Land Acquisition In Shimen County Urban Flood Control Project Table Village Classification Town (Residential of Residence(Sub-district) Committee) Villager snumber of Group Household Auxiliary Population (Person) Total Formal Residence (m 2 ) Simple Structure of Structure Air-conditionerTelephone House Subtotal Non-agricultural Sunny Agricultural Bounding SubtotalBrick-concreteBrick-wood (m (m 2 ) 2 ) Population Population Wall(m 2 ) Total Urban residence Rural residence Chujiang town Xinchang Yanjiaba Baota Zhongdu Huangni Baofeng development zone Yueliang Caoshi Yijiadu Yishi Erdu Zhoutou Ground (m 2 ) 34

43 2) Affected Non-residential Structures by the Project Based on the investigation, the houses of one enterprise (Shuangjia Farming Company) within the project land acquisition area will be affected by relocation, the total area of the non-residential houses to be relocated is 500m 2, all is the simple structures; the cement sunny ground of m 2 and bounding wall of 156m 2 are affected. 3) Affected Temporary Structure by the Project According to the investigation, there is no temporary structure in the land acquisition range of the project. 4) Affected Illegal Structure by the Project According to the investigation, there is no illegal structure in the land acquisition range in the project Scattered Trees During investigation process to the mainly affected tangible materials indices in the project, the scatted trees around affected houses, and various scattered mature trees in the fields and roadside have been checked, accounted, and investigated in turn according to their species and dimensions. According to the actual investigation and statistics, in the project, 3214 scattered mature trees shall be chopped, of which, 1346 fruit trees, 1010 economic trees, and 858 other trees. See table for details. Investigation Statistical Table of Scattered Mature Trees to be Chopped in Shimen County Urban Flood Control Project Table County Town(ship) (Development Zone) Village (Residential Committees) 35 Scattered Mature Trees to be Chopped (Piece) Total Fruit tree Economic tree Other trees Shimen County Chujiang town Yanjiaba Yonggu Xinchang Baota Zhongdu Huangni Baofeng development zone Yueliang Tiangong Caoshi Erdu township Zhoutou Heyan Yijiadu Yishi

44 2.3.5 Affected Individuals Engaged in Small-scale Business Based on the investigation, there is no individual business booth in the area which is affected by the project land acquisition Affected Enterprises and Institutions According to the investigation, 1 collectively-owned enterprise will be affected by the land acquisition and house demolition in the project area, i.e. Shuangjia Farming Company, who engages in the breeding and sales of farming with 31 employees. The company occupies land of 29mu. And the original value of the fixed asset amounts to RMB 2.1 million yuan and the annual tax reaches RMB 0.15million yuan. What the company suffers from the impact of the land acquisition and demolition are small quantity of simple structures, bounding walls, sunny grounds and other auxiliary facilities. So, no overall relocation are needed. Additionally, the construction of project has slight impact on the normal production and operation Affected Special Facilities by the Project The investigators have conducted the site investigation and registration to the affected transformation facilities, telecommunication facilities, broadcasting and television facilities, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. For the affected places in the project, 10KV high-voltage line, 1.0km, 380V low-voltage line, 2.9km, telephone line, 2.3km, CATV line, 2.3km, and broadcasting line, 2.2km. See Table for details of statistics about survey on the special facilities affected in project. Investigation Table of Special Facilities Affected by Land Acquisition in Shimen County Urban Flood Control Project Table County Township (Town, Development Zone) Village (Residential Committee Transmission and transformation facilities Telephone line (km) CATV (km) Broadcasting line (km) High-voltage line (km) Low-voltage line (km) Shimen County Chujiang town Baota Xinchang Yanjiaba 0.3 Baofeng development zone Yueliang Caoshi Affected Minorities Due to Project Located in the northwest part of Hunan Province, Shimen County covers an area of 3973 km 2, with the average density of 174 persons/km 2. Most areas are mountains and rivers, only 11% of the area is 36

45 cultivated land (43890 ha), being 0.95mu per capita, higher than the average level of the whole province. The statistical data in 2004 indicated that Shimen County accommodated million households with million persons, 48% of which are the female and 52% are the male. There are 16 ethnic minorities in Shimen County, majority of which are Tuaji Nationalities. In general, all of them are local residents living here for over 1000 years, so it is one of the cradles of Tujia Nationaty. In 2003, the total population of ethnic minorities in this district was million, accounting for 56% of the total population in Shimen County. Among them, the population of Tujia Nationalities accounted for 99.7%. According to investigation, in the project, 285 minority persons are affected by the demolition of houses, accounting for 22.13% of the total relocates. All of them are all Tujia Nationalities. The investigation of residence registration indicates that the minority population accounts a large share of total affected persons by the project. Most of them are local residents living here for generations while some more here because of marrying local people. In general, minorities get along with Han Naitonality very well with harmonious relationship for many years. In terms of income structure of the minority families, like those Han families, it is dominated by no-farm income coming from business or working as outside labors. Most incomes of rural population are no longer dependent on their farmland. For minority population, they enjoy the rights as Han Nationality in most social and economic aspects, such as land allocation, education and politices, etc. In fact, in some aspects, such as college entering exam and tax rate, the minority people can be beneficial from the favorable policies compared with Han Nationalities. Township The situation of population distribution of minority is referred to Table for details. 37

46 Table Type Township (sub-district) Chujiang Town Baofeng Development Zone Erdu Township The Situation of Affected Minorities Population by Shimen County Urban Flood Control Project Village (residential committee) Total affected population Households Persons Persons Tujia Nationality Percentage of accounting for the total population (%) Han Nationality Persons Percentage of accounting for the total population (%) Xinchang Yanjiaba Yonggu Baota Zhongdu Huangni Yueliang Caoshi Tiangong Zhoutou Heyan Yijiadu Town Erdu Township Chujiang Town Yishi Tongqiao Xianfeng Baota Liujiaping Total

47 2.3.9 Affected Vulnerable Groups Due to Project Gender During the survey, the team paid special attention on women in the project areas and organized group discussions attended by women. The participated women included those of Tujia Nationalities and Han Nationalities, and those represented by different ages groups and education levels among those above 18 years old. In addition, through sample household survey, further understanding of women in the project area was obtained regarding their roles in their families, participation on public affairs and health issues. (1) Status of Women is Improved and Man and Women Enjoy Equal Rights in the Family In the project areas, there is no clear separation of women and men in their responsibilities. Most of them share the equal responsibilities of farming activities, which is closely related with their availability. Since women play more important roles in most housework, their contribution to family income is relatively high. As a result, in many families, women are responsible for making most financial decisions, and play important roles in determining large family issues and outcomes. (2) High Level of Participation on Public Affairs According to the survey, most women have high degree of participation in public affairs. Most of them participated in the election of village chiefs; some of village officials are women. In the process of RP preparation, women demonstrated high degree of attention and provided many good suggestions. (3) Free Love and Marriage In Shimen County, different ethnic women all have freedom to select their spouses. As long as both sides agree, Tujia, Miao, Bai men or women could marry other ethnic men or women. There is no barrier of marriage between different nationalities. (4) Enjoy Equal Access as Men to Education and Health Care In general, the education levels in the project area is relatively low and medical condition is not well developed. However, in terms of access to education and health care, men and women have relatively equal rights. Due to historic reasons, most old women have lower education level than that of men. However, along with social development, education levels among women has improved greatly and most young women have similar education level as men Vulnerable Groups Mainly include the underprivileged families ( the urban residents whose living expenses are lower than 150 yuan/ month per capita, and the agricultural population whose average revenues per year are lower than 400 yuan/ year), handicapped families (disabled persons), families that the elder lives alone(over 70 years old), and families of minorities. According to the investigation, there are 285 persons with ethnic minority background, accounting for 39

48 22.13% of the total affected population. All of them come from Tujia Nationality, inhabiting in the same places for generations. They speak Chinese and intermarry with Han Nationality, which results in assimilative with Han Nationality in the aspects of living and social customs. In terms of land allocation, children s education, politics, Tujia Nationality is equal to Han Nationality. Additionally, in terms of some other aspects such as entrance education and tax collection, it can enjoy favorable policies that Han Nationality can not enjoy. In addition, the land acquisition and relocation will affect the 15 households of 23 persons from the poor families, handicapped families, and families that the elder lives alone, accounting for 1.79% of the total affected persons. They are mainly the poor urban population entitled to Urban Minimum Living Allowance, rural poor persons, and elder lives alone. During resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between the actual family condition the data of the local civil affairs departments. Once the affected households are proved to be the vulnerable groups, the project execution agency will give special help to them during resettlement implementation process. 2.4 Impact Analysis of Project Project Impact Characteristics 1) In the project land acquisition area, the impact on the population, residential houses and cultivated land is considerably small. The affected population by the project demolition occupies 1.7% of the total population in the village and group, and the affected cultivated land occupies 1.92% of the total cultivated land in the village and group. 2) The affected population and house by the project construction is 148 households (464persons) and 22635m 2 respectively, of which the affected urban residents is 126 households(407persons), accounting for 87.72% of the total population. Among the demolished houses, about 76.53% are of brick-concrete and brick-wood structures, of which brick-concrete structure accounts for 55.66% of the area of houses to be demolished and brick-wood structure accounts for 20.87%. 3) The construction of project need to permanently acquire land of mu, of which the cultivated land is 171.8mu(including paddy field of 3.5mu, dry farmland of 129.1mu, commercial vegetable land of 39.2mu), accounting for 61.55% of the total land to be acquired. The rest 38.45% are garden land, pound, forestland and housing plot, state-owned industry land and unused land. The cultivated land to be acquired are distributed in 12 villages and 45 villager s group of 4 town(ship), with a linear and scattered characteristics. 4) The miscellaneous houses and auxiliary facilities of only 1 enterprise are affected by the land 40

49 acquisition and demolition. And the normal production, operation or working shall not suffer the impacts. 5) There is no important special facilities in the project land acquisition and resettlement area, except for few high-voltage transmission lines and mail lines, the rest is the rural small infrastructure Impact Analysis Evaluation The construction of project will damage the original production system in the affected area, and certain impacts will be brought to the local production and livelihood accordingly. The losses of the land resources will destroy the material conditions for livelihood of part of the farmers, so, they shall adapt to new environment for working and livelihood again. The staff of the design unit have fully considered the destructive effect of land acquisition on the local production and livelihood system during project design process, and accordingly, they have constantly optimized the project design, adopted project measures to reduce the land acquisition area, and relieved the impacts of project construction on local production and livelihood. At the same time, as the project is distributed in linear shape along Lishui River, according to the analysis on each villager s group, among 12 village (residential committees) affected by the project land acquisition, each affected village will lose 1.92% of the land on average, the proportion of the land impact on all the villager s groups is less than 5%. Therefore, the impact of the project construction on the agricultural production of each village and group along the line is limited. For the farmers affected by land acquisition, they will lose their land of 46.38%, however, the non-agricultural income is their main source for income (the agricultural income of each household was RMB 3200 yuan, 23.24% of the total income of RMB yuan), so there is little impact on the production and livelihood of local residents, and by adopting proper measures, their prodctuion and livelihood could be restored and improved. More detail analysis is presented in Chapter 5. Nowadays, the project area is located in low land areas along the river. Most areas often suffer from flood and waterlogging disasters, which restrict the development of local economy The project construction has provided a chance for reconstruction of production system and social system for resettlers. After completion of the project, the capability of flood control and emergency service along the new dike will be greatly improved, and the chances of having flood disastrous will be greatly reduced, so as to provide a better environment that safeguard peoples lives and properties. At the same time, the development of local agricultural production will be improved. In addition, in combination with the RP implementation such as adjustment of agricultural planting structure and improvement of irrigation and water conservancy, full exploitation of land resources potential is also a vital element of the protection policies on cultivated land used for land occupation of project construction to execute the land management law. According to the compensation system for cultivated land occupation, and the principle of " reclaiming the same amount of cultivated land being acquired for construction ", the compensation will be made to the lost cultivated land so as to reach the balance of total land holding in 41

50 the affected localities. In addition, through careful planning all the resettlers will be relocated in the areas with considerably superior natural and traffic conditions, and social environment. The preference and support will be given to the resettlers in the aspects of policies, technologies, funds, and substances, so as to ensure that they will restore or reach the former level as soon as possible. 42

51 3. Natural and Socio-Economic Conditions of the Project-Affected Areas 3.1 Natural Conditions of the Project-Affected Areas 1) Topographical and Geological Conditions Shimen County Seat is situated at the north-west edge of Dongting Lake Basin with Lishui River flowing through the urban area from the west to the east to form a alluvial plain at river valley with hillocks and low hills at both sides, thus consisting an obvious terrace landform. Lishui River divides the county seat into the south and the north urban areas. The old urban area at the north bank is mainly distributed on the Grade 1 alluvial terrace of Lishui River with narrow east and west ends of 250 to 300m width and 500m-wide middle part, the crest elevation along the front edge of GradeⅠterrace is to 60.28m from the west to the east; the east urban area is also distributed on the Grade 1 alluvial terrace of the north bank of Lishui River with flat topography of 1 to 1.3km width, the front edge elevation of terrace is 59~56m from the west to the east; the section from Yanjia Dam to Chenjia River has a developed outer beach with a width of 50~350m, which forms the wash section at the east section of Chenjia River due to projected front edge. The Baofeng Area at the south bank is mainly distributed on the GradeⅠterrace of the south bank of Lishui River with flat topography, the surface elevation from the west to the east is 63 to 59m, the slope protection section at the front edge of the terrace forms escarp and pothole for the river bank is destroyed resulting from the erosion of river water and aritificial excavation of earth and sand materials. The topographical structure of Shimen County Seat is from the middle part of Neocathaysian System No.2 settlement belt to the north-west edge of Dongting Lake Basin with Lishui Rupture going through, based on the railway survey data, the fault breccia is exposed in the riverbed in the west of Railway Bridge. According to 1990 edition 1:4,000,000 China Earthquake Intensity Regionalization Map, in the project area, the corresponding basic earthquake intensity is VI degree. 2) Hydrologic and Meteorological Conditions Shiemn County Seat is classified as the subtropical monsoonal damp climate with distinctive four seasons, abundent rainfall, short frost and long hotness period. Analysis from the statistical data between 1960~1995 by Shimen Weather Station, it is known that: in the project area, the mean ambient temperature is 16.7, the max. ambient temperature is 40.9 (Aug. 27, 1972), the min. ambient temperature is (Jan. 30, 1977), the mean max. wind velocity between April to September of the flood season is 14m/s, the instant max. wind velocity is 18.0m/s (Aug. 2, 1971, S wind direction), the most wind direction for a whole year is NEN, the mean rainfall is mm and the 43

52 evaporation is mm. 3) Soil and Vegetation The soil in the project area is various, mainly hilly yellow soil and yellow-red soil, as well as paddy soiland limestone taking second place. The lithology belongs to mauve arenaceous rock and dolomitic limestone and the bottomland is the Quaternary Period deposits. The forest coverage rate in the county is 46.5 %, the vegetation mainly involves economic trees including tung tree, oil tea, mandarin orange and Chinese chestnut as well as artificial fir forest, cedar, magnolia, acacia, weeping willow and cultivated vegetation. The existing forest has a coverage area of 1.8 million mu (including 0.6 million mu economic trees) with timbers storage of million m 3. In addition, there are 47 kinds of main wild animals including tiger, leopard, bear, roe, leopard cat, monkey, muntjac, racoon dog, goat and wild boar. 4) Mineral Resources The mineral resources in Shimen County are quite abundant with realgar mine with a storage ranking No.1 in the wold, a history of over 1040 years exploitation and products marketed at home and abroad; silica sand with 99.4% silicon and a storage of 100 million tons; phosphorite with over 18% phosphor and a storage of 1400 million tons; coal with over 5000 kcal. heat output and a storage of 50 million tons; barite with 96% barium and a storage of 3.40 million tons; limestone with 50.8% calcium oxide and a storage of 2720 million tons; in addition to plaster, hematite, troilite, vitriol, talcum and calcite with rich storage and high exploitation and usage value. 5) Tourist Resources Shimen County had a lot of places of interests and charming scenery, including magnificent Jiashan Temple, the ancient temple built in Tang Dynasty, which is situated at 12km in the east of the county seat and the cultural center of Buddha at Lishui water basin; ancient city dyke at the bank of Xianyang River and built by Dieyang County in the First Jin Dynasty Taikang Emperor Period; Dragon King Cave with uncanny workmanship winds for over 10km with stalactites in varied colorful splendor inside the cave as if conpeting with one another for glamour, clear spring flowing like dragon spiting water at the mouth of cave; Fuping Mount at the north of the county with the main peak of m, which is rated as the house ridge of Hunan Province and currently listed into the national natural protection area; in addition, there are the Cengshangubo, Shimenqiaobi, Yunshixiaozhong, Fangdingliuyin, Jiangjunyedu, Qilinxiushui, Qinglailiushang and Huituanjuanxue in the peripheral, which was named Shimen Eight Landscapes. 3.2 Socio-Economic Conditions in the Affected Areas of Project Shimen County covers an area of 3973km 2 and governs 19 townships and towns and 806 villages 44

53 (residential committees). By the end of 2004, the whole county had a registered population of 692,904 in 235,014 households with an increase of 2,052 households over last year, including 595,956 agricultural population and 96,948 non-agricultural population. The male is 361,144 and the female is 331,760. The average birth rate is 8.6, death rate of 5.3 and natural growth rate being of 3.3. In recent years, Shimen County has actively carried out the strategy of 3 increases, 3 agriculture industrialization, industrialization and modernization and 1 expansion to forge the industry of Shimen County, strengthen the green agriculture, develop featured town, facilitate the tourist economy, so the national economy kept a healthy and quick development, let gross economic quantity in a steady growth, the proportion of the three industries gradually promoted and the structure of the three industries more and more reasonable. The total GDP for 2004 was RMB million yuan, increasing by 12.3% compared with the last year, including RMB million yuan for the increase value of the primary industry with an increase rate of 7.8%; RMB million yuan for the increase value of the secondary industry with an increase rate of 17.3%; RMB million yuan for the increase value of the tertiary industry with an increase rate of 11.4%. Calculating according to the permanent population, the GDP per capita was RMB 7781 yuan with an increase rate of 23.2%. The structure of the primary, secondary and tertiary industry three industries was adjusted from 30.8:32.9:36.3 to 32.5:33.1: ) Agriculture and Agricultural Economy: the agricultural production gains good harvest. For the whole year, the total output of agriculture, forestry, animal husbanry and forestry was RMB million yuan, increasing by 8.5% compared with last year, including RMB million yuan for agricultural output with an increase rate of 12.9%, RMB million yuan for forestry output with an increase rate of 3.0%, RMB million yuan for the output of animal husbandry with an increase rate of 5.5%, RMB million yuan for fishery output with an increase rate of 5.6%, and the output of agriculture, forestry, animal husbandry and fishery service industry was RMB million yuan, decreasing by 4.0%. By the end of the year, the whole county had million mu cultivated area, including million mu paddy fields and million mu drylands. The total planted area of crops was million mu with an increase of million mu compared with last year, including million mu for planted area of grain crops with an increase of million mu, million mu for planted area of economic crops with an increase of million mu, and million mu for planted area of other crops with a decrease of million mu. The total grain yield was million tons, increasing by 6.4%, including million tons paddies, increasing by 11.1%. 2) Industry: the industrial production led a steady increase. The whole county completed an industrial output of RMB million yuan with an increase rate of 10.4%, of which, the industrial enterprises above designed size completed an industrial increase value of RMB million yuan with an 45

54 increase rate of 9.8% and the industrial enterprises below designed size completed an industrial increase value of RMB million yuan with an increase rate of 11.0%. For the whole year, the whole county completed an industrial increase value of RMB million yuan, increasing by 6.1% compared with last year. Among the main industrial products, the raw coal had a yield of million tons with an increase rate of 1.7%; the plaster had a yield of million tons with a decrease rate of 9.9%; the energy output was million kw.h with a decrease rate of 1.4%; the vitriol had a net content of million tons with an increase rate of 33.7%; the actual chemical fertilizer quantity was million tons with an increase rate of 4.1%; the cement had million tons with a decrease rate of 1.6%; the dynamite had 8618 tons with an increase rate of 15.1%; the products made of fireproof materials had 2271 tons with an increase rate of 27.0%; and the connecting rod had million with a decrease rate of 0.9%. 3) Culture, Education and Public Health: The education undertaking led a further development. By the end of 2004, the whole county had 6 intermediate vocational technical schools with in-school students of 4374, increasing by 20.3%; 5 senior middle schools with in-school students of 12,278, increasing by 16.4%; 42 junior middle schools with in-school students of 27,163, decreasing by 9.7%; 199 primary schools with in-school students of 38,217, decreasing by 11.1%; and 6087 teaching staff including 5169 special teachers. The culture, arts, broadcasting and TV undertakings continue to keep a sound development. By the end of 2004, the whole county possessed 10 artistic show groups, 19 cultural stations; 1 public library with a storage of 80,000 books; 18 broadcasting stations with broadcasting coverage rate of 100% for the towns and 95.0% for villages; and 73,000 CATV users. The hygiene and medicare undertaking kept a quick development. By the end of 2004, the whole country possessed 43 health centers with 1217 beds, averaging 1.8 beds every 1000 persons; 1970 health workers including 1693 health technicians, of which, there are 798 doctors and 439 nurses; and 509 medical treatment sites with 599 doctors and health workers. 4) People s livelihood: the incomes of urban and rural residents keep continuous growth. According to the sample survey of the incomes and expenditure of rural households for a whole year, the net income per capita for farmers was RMB 2459 yuan, increased by 20.8%. The remuneration per capita of the employed personnel in urban units was RMB yuan, increased by 10.6%. The disposable income per capita for urban residents was RMB 8360 yuan, increased by 10.0%. 46

55 3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project The land requisition will have certain influences on Chujiang Town, Baofeng Development Zone, Erdou Township and Yijiadu Town, and 12 administrative villages (residential committees). From Dec to Jan. 2005, under the unified arrangement of the provincial PMO, Shimen County PMO organized County Resettlement Office and the other relevant local department as well as resettlement design unit to carry out the detailed investigation on various aspects of basic socio-economic conditions and production as well as livelihood of project-affected development zone and village (Residential Committee). From March to April of 2006, the designers conducted supplementary investigation on the change of the achievement scheme at the preliminary design stage Socio-Economic Conditions in the Affected Towns (Sub-district) According to the investigation, in the affected 4 townships or towns (or development zone), there are 64 villages (residential committees) with a population of in households, including an agricultural population of in households, accounting for 63.03% of the total population; with an employed labor force of 55230, including taking on the agricultural production, accounting for 53.5% of the employed labor force. The 4 townships or towns have cultivated land area of mu (including mu paddy fields), and cultivated land per capita was 0.94mu; the annual gross economic income was RMB million yuan, including RMB million yuan for the annual agricultural income, accounting for 16.61%, which mainly sources from non-agricultural incomes; the annual net income per capita for farmers was RMB yuan. For the details, see Table Basic Conditions in the Affected Villages (residential committees) The investigation shows that the 12 affected administrative villages (residential committees) have 118 villagers groups with a population of 34715, including an agricultural population of 13059, accounting for 37.62% of the total population; The current cultivated land area is mu, including mu for paddy fields, mu for dry farmlands and 267mu market vegetable land, and for the agricultural population, the per capita farmland is 0.69 mu. According to the investigation, the income per capita of the 12 administrative villages (residential committees) is over RMB 2000 yuan/year. In 2004, the average income per capita of the affected villages (residential committees) was RMB 2208yuan/year (weighted average value), lower than the average level for Shimen County or 2459 yuan per capita. Among the 12 administrative villages (residential committees), there are only 7461 minorities, or 21.49% of the total population. The main minority is Tujia, Miao, Bai and Dong Minorities. In addition, there are 723 persons in the vulnerable 47

56 group, such as poverty- stricken, disabled families and deformities and aged people s families that live alone, accounting for 2.08% of the total population. For the basic conditions of the affected villages in the project, see Table The Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Shimen County Urban Flood Control Project Table Indices Unit Total I Basic conditions (I) Residential committee 1. Villages with electricity 2. Villages with postal communication 3. Villages with telephone 4. Villages with highways 5.Villages with water supply ( Ⅱ) Households in villages 1. Non-agricultural households Chujiang Town Baofeng Development Zone Erdou Township Yijiadu Town household household Agricultural households household (Ⅲ) Population in Villages person Non-agricultural population person Agricultural population person (Ⅳ) Labor forces in villages person (V) Employed population in villages 1. Employed population in Agriculture 2. Employed population in Industry 3. Employed population in architecture 4. Employed population in Traffic, storage and post person person person person person

57 Indices Unit Total 5. Employed population in wholesale and retail 6. Employed population in Accommodation and dining Chujiang Town Baofeng Development Zone Erdou Township Yijiadu Town person person Others person II Agricultural production conditions (I) Cultivated area mu Paddy field mu Dry farmland mu (II) Total cultivated area of crops mu Grain cultivated area mu Total yield kg/mu Yield of per unit area ton (III) Per capita plantation area of agricultural population III Economic conditions of countryside mu/person (I) Total economic income 10 4 yuan Agricultural income 10 4 yuan Including: plantation income 10 4 yuan Other agricultural incomes 10 4 yuan Forestry income 10 4 yuan Animal husbandry income 10 4 yuan Fishery income 10 4 yuan Industrial income 10 4 yuan Architecture income 10 4 yuan Transportation income 10 4 yuan Catering income 10 4 yuan Serving income 10 4 yuan Other incomes 10 4 yuan (II) Income per capita of farmers Yuan

58 Table Town and Village township Villagers (Residential (development Group Committee) zone) Chujiang Town Erdou Township Baofeng Development Zone The Basic Conditions of the Affected Villages (Residential Committees) by Shimen County Urban Flood Control Project Population (person) Total Agricultural Non-agricultural population population Total Plantation area (mu) Paddy field Dry farmland Market vegetable land Plantation area of per capita (mu) Income of per capita (yuan /year) National Minority Vulnerable Group Population (person) Percentage (%) Population (person) Percentage (%) Yanjiaba Yonggu Xinchang Baota Zhongdu Huangni Zhoutou Heyan Yueliang Tiangong Caoshi Yijiadu Town Yishi Total Remark 50

59 3.4 Basic Conditions of Relocatees Investigation Objectives 1) Introducing the positive significance of urban flood control project to the relocatees; 2) Investigating and comprehending the affected degree of the relocatees; 3) Soliciting opinions from the relocatees to reflect their willingness in the schedules of rehabilitation for production and livelihood 4) Analyzing the economic incomes and expenditures, determining the economic development objective and providing accurate basis for resettlement planning; 5) Establishing economic incomes model for relocatee s families; and analyzing and forecasting changes of economic incomes Investigation Content The socio-economic investigation is classified into two kinds: one kind is investigation on the basic social and economic conditions of affected households; the other is investigation on the attitudes of the relocatees. 1) Basic Conditions of Affected Households 1 Basic Family Condition: includes family members, age, sex, educational level, career, nationality, housing area and structure. 2 Household Properties: The means of livelihood consist of big furniture, color (black and white) TV, refrigerator, washing machine, VCD, air conditioner, water heater, electric fan, electric cooker, motorcycle, bicycle, telephone, etc; While the means of production comprise land, water surface, household industrial and subsidiary production as well as production machinery such as tractor, thresher, grinder, water pump, livestock for cultivation, agricultural tricycle, automobile, motorcycle and barge. 3 Agricultural production conditions and income levels: The contracted land comprises cultivated land, garden plot, woodland and lands for other usage; The yield of agricultural products consist of grain yield, other crops yield and grain possession; The household incomes include incomes from plantation, animal husbandry and other non-agriculture; The household expenditures include expenditures for living, interpersonal communication, education, agricultural costs, taxes and others; The annual net income per capita of households. 2) Investigation on relocatees willingness The investigation on relocatees willingness mainly consists of the awareness on the project, channels to comprehend the project, attitude, expected production and resettlement modes in addition to the other most concerned problems. 51

60 3.4.3 Investigation Method and Procedure Between Dec and Jan. 2005, the resettlement survey team, under the cooperation of the governments at all levels in the project area, conducted a detailed survey on the basic social economic conditions of the affected households and the relocatees willingness. 1) Investigation on the Basic Conditions of Affected Households For the investigation on the basic conditions of affected households, a sampling survey in site was made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 50 households within the affected area of the project were selected as the sample, accounting for 15.29% of the total affected households. The samples are representative and typical, and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table Sampling Distribution Table of the Affected People Households due to the Resettlement Project Table Township (Sub-district) Affected Villages Total Affected Households Sampling Households Sampling Percentage (%) Chujiang Town Yanjiaba Zhongdu Yonggu Xinchang Baota Huangni Erdou Township Baofeng Development Zone Zhoutou Heyan Yueliang Tiangong Caoshi Yijiadu Yishi Total Remarks 2) Investigation on relocatees willingness and attitudes Investigation on relocatees willingness adopts the mode of sample survey with a sampling ratio of 5%. The resettlement planning team prepared a survey form. The different levels of governments organize people to distribute survey forms in the project areas and ask affected people to fill up. In the affected 52

61 area of the project, there are 40 survey forms issued to the relocatees, and 35 effective forms returned with an effective ratio of 87.5% Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households The sample survey and analysis shows that: 1 Household Size of the affected households: 4.02 persons / family in average in the affected area of the project, including 2.88 persons for labor forces with age 17~60, 0.64 person of younger than 17 years old and 0.5 person of older than 60 years old. 2 Gender Percentage: The male/female ratio in the project area is 1.21:1. 3 Age makeup: The labour forces at age of 17~60 possess 71.64% of the total population, 15.92% for younger than 17 years old and 12.44% for older than 60 years old. 4 Ethnic Background: The 77.11% of the affected people are classified as Han Nationality, and 22.89% as the Tujia Minority. 5 Educational level: In the affected area of the project, every 100 persons, there are 4 persons with educational level of higher than senior middle school, 19 persons with educational level of senior middle school, 40 persons with educational level of junior middle school, 25 persons with primary school and 12 illiteracies or half-illiteracies. 6 Housing area per capita: The housing area for every household is m 2 and that per capita is 50.8m 2. The structures of houses are mainly brick-concrete and brick wood structure. 7 The land contracted by the collective: In countryside, each household contracts 2.83 mu of cultivated land, averaging 0.7mu per capita; The grain yield of each household is 1012kg in average kg per person; The livestock for sale per household are 1.76, and the poultry for sale per household are Family property: For every 100 households, there are 124 TVs (80 for Black and White TV and 44 for Colour TV), 206 electric fans, 22 refrigerators, 60 washing machines, 154 bicycles, 40 motorcycles, as well as 906 big furniture such as sofas, big bureaus and chest of drawers. 9 Economic incomes and expenditure: Each household has an annual total income of RMB 13769yuan, averaging RMB yuan per capita; Each household has an annual total expenditures of RMB yuan, the annual expenditure per capita is RMB yuan; Each household has an annual net income of RMB yuan, averaging RMB yuan per capita. For the total basic conditions of the affected households by the project, see Table

62 Table Items I Affected household size 1.Total Population of Household Summary Table for Basic Conditions of Households of Shimen County Urban Flood Control Project Unit Total Samples (50 households) Total Index per household Chujiang Town (41 households) Total Index per household Baofeng Development Zone (6 households) Total Index per household Erdou Township (2 households) Investigated households Index per household Yijiadu Town (1 household) Investigated households person Including: female person Labor forces of 17~60 years old 3.Population younger than 17 4.Population older than 60 II Educational level 1.More than senior high school person person person person Senior high school person Junior high school person Primary school person Non-educated person III Nationalities 1.Han Nationality person National Minority person Index per household 54

63 Table Items IV. Housing area 1.Housing area per household 2.Housing area per capita V. Agricultural production 1.Contracted plantation area per household 2.Plantation area per capita Summary Table for Basic Conditions of Households of Shimen County Urban Flood Control Project Unit Total Samples (50 households) Total Index per household Chujiang Town (41 households) Total Index per household Baofeng Development Zone (6 households) Total Index per household Erdou Township (2 households) Investigated households Index per household Yijiadu Town (1 household) Investigated households Index per household m m mu mu/person Grain yield kg Grain occupation per capita 5. Livestock for sale kg/person Poultry VI. Household property 1.TV Including: color TV Electric Fan

64 Table Summary Table for Basic Conditions of Households of Shimen County Urban Flood Control Project Total Samples (50 households) Chujiang Town (41 households) Baofeng Development Zone (6 households) Items Unit Index per Index per Index per Total Total Total household household household 3.Refrigerator Washing machine Erdou Township (2 households) Investigated households Index per household Yijiadu Town (1 household) Investigated households 5.Bicycle Motorcycle Large furniture VII. Annual total incomes Index per household yuan Agricultural incomes yuan Stockbreeding income 3 Non-agricultural income Ⅸ. Annual consumption expenditure yuan yuan yuan Living expenditure yuan Production expenditure yuan Other expenditures yuan Ⅹ. Annual household net incomes yuan

65 2) Basic Attitude of Affected People The sample survey and analysis shows that: 1 Have knowledge with the project: 96.55% of the affected people claimed that they had knowledge of the project but 3.45% are on the contrary. 2 Sources of information: 88.16% of the affected people get known from the investigation persons and 35.28% from the residents of the neighboring villages. 3 Support attitude: All affected people hold an attitude of supporting to the project. 4 Views on Impact: 93.36% of the affected people think the flood control benefit is obvious, and by the way of the reasonable compensation, the negative impacts can be alleviated; 3.21% think the flood control benefit is obvious, while the negative impacts are big; 3.43% think the flood control has no influence, but the removal will bring a certain negative impacts. 5 Resettlement Approach: For urban resettlers, 92.75% choose the cash compensation for rehabilitation, and would like to purchase houses by themselves; While 6.25% choose the in-kind rehabilitation through property rights transposition and hope to have the replacement houses arranged by local PMO with same size as before. For rural resettlers, 96.59% require self-construction based on housing plots arranged by the government, while the 3.41% choose the concentrated reconstruction of resettlement housings. 6 Economic rehabilitation: 37.32% ask for cash compensation, and of 62.68% resettlers ask for replacement land through land adjustment. 3.5 Social and Economic Effects for Resettlement to the Affected Population The project implementation will produce a certain impact on socio-economic factor: 1. The affected area is located at the junction of the rural and urban areas with good infrastructure conditions, where the local farmers have a lot of opportunities in non-farm employment, such as daily labor and small business. Most those surplus labor forces have moved into the second and tertiary industry or individual business, gradually moving out of land. According to the investigation, in the affected 4 townships and towns (development zone), there were rural labors and are involved in various non-farm sectors such as industry, construction, transport, wholesale and retail, accounting for 46.5% of the rural labor forces. Analysis from the incomes structure, the annual total income of the affected households was RMB million yuan, including RMB million yuan for the agricultural incomes, only accounting for 16.61% of the total income; the annual income per capita of the affected households was RMB yuan, including RMB 3200 yuan for agricultural income, only accounting for 23.24% of the total income per household. The investigation shows that in 57

66 spite of the land loss, the local farmers will suffer the decrease of agricultural incomes, however, due to the small proportion for plantation in the total incomes, they will have little impacts on their income and livelihood. 2. For farmers with land plantation as their main livelihood resources, the land loss will result in the loss of complete or partial means of production, however, as the project is linearly distributed along the Lishui River, the land acquisition of the project will result in not big influence on the agricultural production of resettlers, on average the affected villages will lose their land of 1.92%. For 45 affected village groups, all of them would lose 6.15% of their land holding. However, for those households directly affected by land acquisition (189 households and 536 persons), every affected person will lose about 46.38% of their land holding. In addition, in the affected villages the agricultural resettlement mode of farmland adjustment will be adopted, which will maintain the traditional production mode and livelihood for the affected persons, and can restore, or even increase their income or living standard within short period of time. The cash compensation mode can also be directly adopted, so the farmers can invest the land compensation costs into various farm or nonfarm activities, such as adjusting planting structure, developing greenhouse vegetables, expanding animal husbandry and engaging in other nonfarm activities, which would increase their incomes and improve their current economic status. Therefore, the land occupation will produce little impacts on their production and livelihood. 3. For relocated households, the process of moving and decorating new houses will consume certain manpower and material resources for the affected households, which need to be considered by the project sponsors. The PMO will, according to the associated policies, make compensation to their loss of moving and traffic costs, complete infrastructure costs for the the new housing plot and necessary transfer allowance. In addition, the PMO and the local village committees will provide necessary assistance. Therefore, the impacts from the project will be reduced to the minimum. The project construction will bring a lot of influences on the residents and businesses within the project area, but the impact is little and after completion of the project, it will create favorable conditions for further development of Shimen County, and facilitate the sustainable quick increase in economy. 58

67 4. Legal Framework and Policy 4.1Main Chinese Laws & Regulations and Policies for Resettlement Policy Bases National Laws and Regulations: 1. Land Administration Law of the People s Republic of China. (The 8 th Chairman Decree of PRC, issued on August 29,1998, starting implementation since January 1,1999) 2. Implementation Regulations for the Land Administration Law of the PRC. (The 256 th State Council Decree of the PRC, issued on December 27,1998, starting since January 1,1999) 3. Urban Houses Demolition Administration Regulations of the PRC. (The 305 th State Council Decree of the PRC, issued on June 13,2001, starting since November 1,2001) 4. Provisional Regulations on Cultivated Land Acquisition Tax of the PRC. (The GF [1987] NO.27 issued by the State Council: A Notice about Issuing by the State Council) 5. A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 6. A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) 7. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project (the 471 st State Council Decree of the PRC, issued on July 07, 2006) Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC. (Passed in the 14 th Meeting of the 9 th People s Congress Standing Committee of Hunan Province on March 31,2000) 2. Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations of the PRC. (The 157 th Decree issued by People s Government of Hunan Province on July 12,2002, starting since September 1,2002) 3. Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province (Amendment) (Issued by the Hunan Province People s Government on October 4,1987, and amended as the decision about amending Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province by Hunan Province People s Government in May 4,1998) 4. A Notice about Improving Basket Project (XZF[1993]NO.2s, issued by the Hunan Province People s Government on November 6,1993) 59

68 5. A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System. (XJF [2003] NO.42) 6. The Notice by the Forestry Bureau and the Finance Ministry of PRC about Issuing Provisional Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (October 20, 2002) 7. A Notice by General Office of Hunan Provincial People s Government about Issuing Land Requisition Annual Output Standards (XZF [2005] No. 47) Relevant Laws and Regulations National Laws and Regulations 1. Selected Provisions of Land Administration Law of the PRC Article 2: The State may, on the necessity of public interest, requisition land collectively owned in accordance with law. The State practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the State within the scope prescribed by law is excluded. Article 10: Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to township(town) peasants' collective ownership shall be managed and administered by the township(town) rural collective economic organization. Article 14: Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of township/town People s Government and People s Government at the county level for approval. 60

69 Article 31: The State protects cultivated land and strictly controls turning cultivated land into non-cultivated land. The State practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied". Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land. Article 46: For land requisitioned by the State, local People s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People s Governments to enter into registration for compensation for land requisition. Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed 61

70 by the provinces, autonomous regions and municipalities directly under the Central Government. For requisition of suburban vegetable land of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable land development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidies for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of People s Governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidies for resettlement shall not exceed 30 times of the average annual output value in the three years prior to requisition of the land. The State Council may, in accordance with the level of social & economy development, increase the rate of land compensation fee and subsidies for resettlement under extraordinary circumstances. Article 48: Upon determination of the scheme for compensation and resettlement for land requisition, the local People s Government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land. Article 49: The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision. It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50: Local People s Governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development, management and establishment of enterprises. Article 54: Use of state-owned land for a construction project should be obtained in the form of onerous use such as transfer. However, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the People s Government at or above the county level in accordance with law: (1) Land use by state organs and land use for military purposes; (2) Land use for urban infrastructure and land use for non-profit undertakings; (3) Land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; (4) Other land uses prescribed by laws and administrative regulations. Article 57: Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it should be subject to the approval of the competent department of land administration of the People s Government above the county level. 62

71 Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed 2 years. Article 62: One household of villagers in a rural area can only possess one housing plot, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Construction of villagers' residences in the rural areas should conform to the overall planning for township/town land utilization, and the best possible use of original house sites and idle land in the village. 2. Selected Provisions Urban Houses Demolition Administration Regulations of the PRC Article 22: The relocater should provide compensation to the relocatee in accordance with this Regulations. For the relocation of the peccancy building and the temporary building over approval term, the relocater shall not provide compensation. But for the relocation of the temporary building within the approval term, the relocation should provide proper compensation. Article 23: The ways of relocation compensation can be money compensation or property rights transposition of house. The relocatee can choose the way of relocation compensation. Article 24: The amount of money compensation should be considered according to the position, use and building area of the removed house and shall be confirmed with evaluating price in the realty mart. Article 25: For the way of property rights transposition of house, the relocater and the relocatee should calculate the compensation amount of removed house and the house price for transposition to balance the price difference of the property rights transposition according to the Article 24 of this Regulation. The relocation of auxiliaries of non-public welfare houses shall not be solved with property rights transposition, but with money compensation by the relocater. Article 28: The relocater should provide houses that accord with quality & safety standards of the State for resettlement. Article 31: The relocater should pay relocation subsidies for the relocatee or the tenant. During the transition term, in case of that the relocatee or the tenant settles for himself/herself, the relocater should pay subsidies for temporary resettlement; in case of that the relocatee or the tenant 63

72 uses the revolving house, the relocation shall not pay subsidies for temporary resettlement. 3. Selected Provisions of Provisional Regulations on Cultivated Land Acquisition Tax of the PRC Article 2: The cultivated land called in this Regulation refers to the land for planting crops or the land that had been used for planting crops within the 3 years prior to acquisition. Article 3: All the units or individuals that acquire cultivated land for house building or for other non-agricultural construction, are the taxpayers of cultivated land acquisition tax (hereinafter called taxpayer), and should pay cultivated land acquisition tax according to this Regulations. Article 4: The cultivated land acquisition tax shall be calculated according to the actual area of acquired land by taxpayer and shall be assessed upon as the specified amount in one time. Article 5: The amount of cultivated land acquisition tax is controlled as follows: (1) Take county as one unit (same hereinafter). For the area where the average occupancy of cultivated land is under 1mu (including 1mu), the tax rate is 2-10 yuan/m2. (2) For the area where the average occupancy of cultivated land is 1-2mu (including 2mu), the tax rate is yuan/m 2. (3) For the area where the average occupancy of cultivated land is 2-3mu (including 3mu), the tax rate is yuan/m 2. (4) For the area where the average occupancy of cultivated land is over 3mu, the tax rate is1-5 yuan/m 2. Article 9: The cultivated land acquisition tax should be assessed upon by the finance organ. After approving the cultivated land acquisition of unit and individual, the land administration department should give notice to the finance organ of same level in time. The unit or individual that is approved to requisition or acquire the cultivated land should declare tax-paying to the finance organ with the approval documents by the land administration department above county level. The land administration department shall assign land acquisition according to the tax-paying receipt or the approvable documents of requisition. 4. Selected Provisions of the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (3) Strictly enforcing compensation system for land acquisition: The approved cultivated land acquired for the non-agricultural construction shall be compensated by the construction unit with the cultivated land of same quantity and quality. And the quantity and quality of cultivated land for supplement shall be converted according to its degree to prevent more acquisition but fewer compensation, and compensation with bad cultivated land for cultivate land of high quality. The construction unit --- which cannot compensate by itself ---- shall pay the cultivate land reclamation fee according to the provisions of each province, autonomous regions and municipalities directly under the Central Government. The cultivated land reclamation fee shall be administrated with special account, and cannot be reduced or 64

73 remitted or peculated. The cultivate land supplement fee for construction project invested by the government must be list into the project general calculation. (13) Properly resettling the farmers affected by land requisition: The local People s Government above county level shall work out specific methods to ensure the further living of farmers affected by land requisition. The farmers affected by land requisition can take the usufruct of legally approved land for construction to buy a share of some projects with steady profit. For the inside of urban planning area, the local People s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system and set up system of social security; for the outside of urban planning area, during the process of land requisition, the local People s Government shall, in its administration area, leave some cultivated land or arrange job for the farmers affected by land requisition; for the farmers, who will lose their cultivated land and basic conditions of production and living, the local People s Government shall resettle them in other area. The department for labourer and social security shall, together with relevant departments, make a directive about employment training and social security as soon as possible. (14) Perfecting land requisition procedure: During the process of land requisition, the farmers ownership of collectively-owned land and the farmers rights for land contracting and management shall be protected. Before report and approval, the farmers affected by land requisition shall be informed about the use, position, compensation standards, resettlement approaches of land to be requisitioned; and the investigation results about the present situation of land to be requisitioned must be confirmed by the rural collective economic organizations and the farmers affected by land requisition; and if necessary, the department of land and resources shall, according to relevant provisions, organize public hearing. The relevant data knew and confirmed by the affected farmers by land requisition shall be necessary materials about approval for land requisition. The coordination and judgement system for compensation resettlement dispute shall be established and perfected as soon as possible to protect legal rights of the affected farmers by land requisition and the land user. Except the special cases, all the approved items for land requisition shall be publicized. (15) Strengthening the supervision on implementation process of land requisition: Land can not be requisitioned by force, if the compensation resettlement for land requisition was not fulfilled. The People s Governments of province, autonomous regions and municipalities directly under the Central Government, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, shall work out the assignment methods of compensation fee for land requisition inside the rural collective economic organization. The rural collective economic organizations shall publicize the expenses and receipts, assignment of compensation fee for land requisition to its members and take its members supervision. 65

74 5. Selected Provisions of the Directive about Perfecting the System of Compensation Resettlement for Land Requisition (4) Assignment of land compensation fee: The land compensation fee shall be reasonably assigned, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, inside the rural collective economic organization. The detailed assignment methods shall be work out by provincial People s Government. The land compensation fee for rural collective ---- whose land is totally requisitioned and whose economic organization is disbanded at the same time, shall fully used for the production and living resettlement of the affected farmers by land requisition. (5) Resettlement of agricultural production: For the requisition of collectively-owned land outside the urban planning area, these kinds of land, such as rural collective non-planed land, contracted land handed back by contracting farmers, land for contracting transfer and land newly-added during land development and arrangement shall be used firstly as the necessary cultivated land for the affected farmers by land requisition in order to ensure their continuous agricultural productions. (6) Resettlement by new employment: The land requisition unit or the local People s Government shall try its best to provide the affected farmers with free labor skill training and arrange them with proper jobs. Under the same conditions, the land requisition unit shall employ the affected farmers first. During the requisition of collectively-owned land in the urban planning area, the local People s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system, and set up system of social security. (9) Information of land requisition: Before reporting for approval, the local department of land and resources shall in written form inform the farmers and rural collective economic organization affected by land requisition, about the use, position, compensation standards, and resettlement ways of land to be requisitioned. All the attachments or young crops ----which are newly planted or built after informing by the farmers or rural collective economic organization affected by land requisition, shall not be compensated in requisition. (10) Confirming of land requisition investigation results: The local department of land and resources shall investigate the ownership, kind, area of the land to be requisitioned and the ownership, kind, area of land attachments. And the investigation results shall be confirmed together with the farmers and rural collective economic organization affected by land requisition, and the property owner of land attachments. (11) Organizing of public hearing for land requisition: Before reporting for approval, the local department of land and resources shall inform the farmers and rural collective economic organization affected by land requisition that they have the rights to apply public hearing of the compensation standard and 66

75 resettlement approach of the land to be requisition. If there is party applying for public hearing, the public hearing shall be organized according to relevant procedures and requirements of the Provisions for Public Hearing of Land Resources. (12) Publicizing of approval items for land requisition: For the land legally approved for requisition, the ministry of land and resources and its provincial department shall publicize the approval items by media, expect for the special cases referring to state secrets. The county (city) land and resources department shall publicize, according to the provisions of the proclaiming methods for land requisition, the approval items in the village or group affected by land requisition. (13) Payment of compensation resettlement fee for land requisition: After the compensation resettlement plan is approved by city, county People s Government, the compensation resettlement fee shall be paid for the rural collective economic organization within the legally stated period. 6. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project (the 471 st State Council Decree of the PRC, issued on July 07, 2006) Article 22: For large and medium size water resources and hydropower projects the combined land compensation and resettlement subsidy shall be set at 16 times of average annual output value in the past three years. If the land compensation and resettlement subsidy could not meet the needs of restoring income and livelihood for the resettlers, they could be raised further, which should be submitted by the project sponsor to and approved by the project approving authority. For the compensation and resettlement subsidy for other acquired land areas, they should follow the relevant provincial regulations. For the compensations on the attached trees, young crops, they should also follow the relevant provincial regulations. For the affected houses and structures, they will be compensated based on their original scale, function and standards. If the compensation could not meet the needs of building houses for poor resettlers, additional compensation should be provided. For the stated owned cultivated land areas used by other units or individuals, the compensation will follow the compensation for land acquisition of cultivated land. For the state owned unutilized land areas used by units and individuals, no compensation will be provided. After resettlement, the scattered trees and structures over flood line around reservoir that belong to resettlers should be compensated in line with Clause 3 and Clause 4 in this article Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC Article 10: Where there are no conditions for reclamation or the reclaimed land does not conform to the requirements, the cultivated land reclamation fee should be paid to the land administration department 67

76 of provincial People s Government as the following standards when applying for turning agricultural land into other use. After approval for acquisition of the basal farmland, the reclamation fee shall be times of the average annual yield within the three years prior to acquisition. Among which of acquisition the vegetable land, the reclamation fee shall be times of the average annual yield of adjacent paddy field within the three years prior to acquisition. After approval for acquisition of the other cultivated land except for the basal farmland, the reclamation fee shall be 6-10 times of the average annual yield within the three years prior to acquisition. The construction unit should list the cultivated land reclamation fee as construction cost into the general investment of the construction project. The land administration department of provincial People s Government should save the cultivated land reclamation fee with special account according to the regulations of provincial People s Government, organize reclamation as the planning and allocate enough reclamation fee to the unit that is responsible for the reclamation of cultivated land. Article 18: Land compensation fee for the acquired land shall be paid in accordance with following standards. (1) The compensation fee for cultivated land (including paddy field, dry farmland and vegetable land), fishpond and lotus pond, shall be 6-10 times of the average annual yield of the land in the 3 years prior to acquisition. (2) The compensation fee for fruit garden, tea garden and economic forestland, shall be 50%-100% of the compensation standard of the adjacent paddy field, and the compensation fee for other forestland shall be 30%-50% of the compensation standard of the adjacent paddy field. (3) The compensation fee for grazing land shall be 30% of the compensation standard of the adjacent paddy field. (4) The compensation fee for the land used for public facilities or public enterprise of township /town /village and the rural housing plot of villagers, shall be equal to the compensation standard of the adjacent paddy field. (5) The compensation fee for fields on the hill, wasteland and other unused land, shall be 20% of the compensation standard of the adjacent paddy field. Article 19: Resettlement subsidies for the acquisition land shall be paid in accordance with the Article 47 of the Land Administration Law. Resettlement subsidies for the acquisition of fishpond, lotus pond, fruit garden, tea garden and economic forest land shall be paid in accordance with the regulations for requisition of cultivated land. Resettlement subsidies for other forestland and grazing land shall be paid in accordance with 50% of the standard of the adjacent paddy field. For the requisition of the land used for public facilities or public enterprise of township/town/village, the 68

77 housing plot of villagers, and the land used for water conservancy, such as pond, channel, and dam, if it is necessary to rebuild, the resettlement subsidies shall be paid in accordance with the standards of rebuilding land; if unnecessary, the resettlement subsidies shall be paid appropriately. Resettlement subsidies shall not be paid for the requisition of barren hill or wasteland. Article 20: The compensation fee for the ground appendixes and young crops on the requisition land shall be paid in accordance with the following regulations. (1) The compensation for the young crops whose growing period is under 1 year, shall be paid according to the output value of one season, for the young crops whose growing period is over 1 year shall be paid according to the output value of 1 year. The compensation fee for the young crops shall also be paid with the actual loss according to the growing period. (2) The compensation for the forest trees that can be transplanted shall be paid transplanting fee together with actual loss. The forest trees that can t be transplanted shall be evaluated and purchased, and the compensation for the forest trees that are lopped by the owner shall be paid with the actual loss. (3) Houses as well as other building and structures on the requisitioned land can be removed as compensation or purchased with equivalent price, or be compensated with equivalent houses, other buildings and structures. Article 32: One household of villagers in a rural area can only possess one housing plot, the area of which shall conform to the overall planning for land using of township/town. The cultivated land area of every household shall not exceed 130m 2, the waste hill & land area shall not exceed 210 m 2, and the other land area shall not exceed 180 m Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulations (2002) Article 7: For rights, area, structure, use, etc of the removed house, it shall take the house ownership certificate as standards. For the item that is not given clear indication on the ownership certificate, it shall take the record of property right or other effective documents as standards. For the item that has been changed to other use, it shall take the approval documents by planning administration department and other relevant departments. Article 16: In the case of exchanging the property rights of removed houses, it is necessary for the relocater to provide resettlement houses that have legal procedure and accord with the quality & safety standards of the State and achieve resettlement only one time. For the transitional resettlement due to special conditions, it is necessary to arrange revolving houses according to Article 20 of this Method after the agreement with relocatee and houses demolition administration department. During the transition period, the design of replacement houses can be changed when relocater reaches an 69

78 agreement with relocatee. Article 17: The relocatee or the tenant of public house who possesses too small house area (calculated including his other houses in same urban planning area) and is treated with the lowest living protection shall be arranged with replacement housing to ensure the lowest living level. Article 18: In the case of exchanging the property rights of removed houses, the relocater should transact registration procedure of houses property rights for the relocatee in time. The departments and units for control of household, education, and medical treatment, should transact relevant procedures for the relocatee in time, such as household transferring, school transferring and medical treatment, in accordance with the resettlement certificate of house relocation that provided by relocatee. Article 19: For the relocation of houses for production and management, the relocater should pay the relocation subsidies for the relocatee or the tenant. For the equipment that can t be removed or renewed to use, the relocater should pay relevant compensation. The amount of compensation fee and subsidies for relocation shall be confirmed in accordance with the actual expense for teardown, conveyance and installation of the production equipment or with the actual value of the disused production equipment. For the relocation of domicile, the relocater should pay the relocation subsidies for the relocatee or the tenant. In the case of resettlement of only one time, the relocater shall pay the relocation subsidies in one time; in the case of transitional resettlement, the relocater shall pay the relocation subsidies according to the relocation times, and the relocation subsidies shall be confirmed according to the actual requirement. In the case of that the relocater takes charge of relocation, the relocater shall not pay the relocation subsidies. Article 20: During the period of transitional resettlement, the relocater should pay the temporary resettlement subsidies for the relocatee or the tenant that arranges revolving for himself/herself. The amount of the temporary resettlement subsidies shall be confirmed in accordance with the rent for using the similar house with the removed house. For the relocatee or the tenant that can t arrange house for himself/herself, the relocater should arrange revolving house with the similar area to the removed house, but it is unnecessary for the relocater to pay the temporary resettlement subsidies. 3. Methods for Implementing Cultivated Land Acquisition Tax of Hunan Province (Amendment) Article 2: In the case of acquisition of the following land owned by the State and the collective for house building or non-agricultural construction, the unit or individual that acquires land should pay cultivated land acquisition tax in accordance with this Method. 70

79 (1)The paddy field and the dry farmland for planting crops, including cultivated land, newly cultivated land, rotation land and the land that had been used for planting crops in the 3 years prior to acquisition. (2)The land that is used mainly for planting crops and accidently for planting mulberry, tea tree, fruit tree and other forest trees, and the shoaly land that is used through reclaiming around. (3)Fishpond, lotus pond, vegetable land, garden plot (including seed plot, flower plot, drug plot, tea garden, fruit garden, mulberry garden and garden for planting other economic forest trees). Article 3: The amount of cultivated land acquisition tax shall be calculated in accordance with the actual acquisition area of above land by the taxpayer and specified amount standard of acquisition tax, and shall be assessed upon in only one time. Article 4: It shall take the average occupancy per head of cultivated land as its main bases of the amount standard of cultivated land acquisition tax, and the amount standard shall be determined according to the natural conditions and the economic development of each area. With the unit of county (including county-level city, same hereinafter), the average occupancy per head of cultivated land shall be calculated in accordance with the gross of population and cultivated land that are counted by local statistical department. The specific amount standards of acquisition tax are regulated as follows. (1)Take the county as the unit (same hereinafter). For the area where the average occupancy per head of cultivated land is under 0.5mu (including 0.5mu), the amount standard of acquisition tax is 6-10 yuan/m 2. (2) For the area where the average occupancy per head of cultivated land is mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m 2. (3) For the area where the average occupancy per head of cultivated land is over 1.0mu, the amount standard of acquisition tax is 3-7 yuan/m 2. (4) For the acquisition of special vegetable land and fishpond for house building or other non-agricultural construction, the amount standard of acquisition tax is 10 yuan/m A Notice about Improving Basket Project The planning department shall list the productive resources, which are used for the regulation of new vegetable land development fund, as the planning standards: for Changsha City, it is 20,000 yuan/mu; for the other cities under the Hunan Province, it is 15,000 yuan/mu; for the cities on planning list, it is 10,000 yuan/mu; for the cities under some area of Hunan Province, it is 7,000 yuan/mu; for county towns, it is 5,000 yuan/mu. 5. A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System The degree area of Shimen County is the fourth class. The detailed standards for reclamation fee of cultivated 71

80 land are listed as follows. 1) Paddy Field: 8000 yuan/mu; 2) Dry Farmland: 5000 yuan/mu. 6. The Notice by the Forestry Bureau and the Finance Ministry of PRC about Issuing Provisional Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation Article 6: The expropriation standards of forest vegetation rehabilitation fee shall be determined according to the survey and design cost and the forestation and cultivation cost, which are needed for rehabilitating forest vegetation. And the rehabilitation area shall not be less than the forestland area in acquired or requisitioned land. The detailed expropriation standards are as follows: 1) For timber forest, economic forest, firewood forest and nursery land, it is 6 yuan/m 2 ; 4) For open woodland and shrub land, it is 3 yuan/m A Notice by General Office of Hunan Provincial People s Government about Issuing Land Requisition Annual Output Standards (XZF [2005] No. 47) The land requisition annual output standards in Changde City: 1) Paddy Field of Class I: 1700 yuan/mu; Paddy Field of Class II: 1500 yuan/mu; 2) Dry Farmland: 1100 yuan/mu 3) Market Vegetable land of Class I: 2800 yuan/mu; Market Vegetable land of Class II: 2500 yuan/mu; 4) Special Fish Pond of Class I: 2400 yuan/mu; Special Fish Pond of Class II: 2100 yuan/mu. The adjustment factor in Shimen County is Relevant Articles of the ADB Policy Bases (1) Reluctant Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Handbook of the ADB ---Doable Practice Direction (issued in 1998) (2) Policy about national minorities of the ADB (3) Policy about poor supporting of the ADB Relevant Policies and Regulations The Resettlement Policy of the ADB includes the principles as follows. (1) Involuntary resettlement should be avoided where feasible. (2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. (4) People affected should be informed fully and consulted on resettlement and compensation options. 72

81 (5) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. (6) The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status. (7) As far as possible, involuntary resettlement should be conceived and executed as a part of the project. (8) ADB policy requirements pay special emphasis on extreme poor families, women headed families, and other vulnerable social groups. These vulnerable groups should be provided special assistance so that their current status could be improved. 4.3 Compensation Standards for Project Compensation Qualification All the owners and users of the buildings and land in the area of project land acquisition demolition shall get reasonable compensation or help. County Demolition Office will issue Houses Demolition Proclamation and publicizes the relocaters, relocated areas and demolition time limit, etc. within 3 days after issuing Houses Demolition and Relocation License; and notifies the relative departments in written form to stop processing the following procedures within the relocated areas in relocation time limit. (1) Release the procedures of business license using demolished house as business place. (2) The procedures of trade, exchange, division, donation, transfer and mortgage, etc. of the demolished house, excepting the effective judgements and procedures executed for adjudication issued by People s Court or arbitration institutions. (3) Examination and approval procedures of new-building, expansion, rebuilding and character changing of houses or auxiliaries. In this project, the cut-off date regulated by the government is considered as the date of finally determining that it is in accordance with the compensation conditions. People affected by the project include those who will lose land and house because of the project construction. The compensation or rehabilitation will be processed according to their loss type and quantity, and whether the loss is within the final construction drawing finished within the time limit regulated by the government; or will be treated as being temporarily affected in the construction period. After the cut-off date, the cultivated land, built houses or resettlement of the affected people in the project affected area will not meet the 73

82 compensation or subsidy conditions Principles of Compensation Rehabilitation 1) The RAP should be based on the social and economic survey and the statistics of the physical indices surveyed in the affected project area. It should also conform to the current national and local land acquisition laws and policies and policy of involuntary resettlement established by ADB. During the implementation of the RAP, once the detailed methods of Hunan Province regarding the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (GF [2004] NO.28) are issued, this project should make necessary adjustment according to the requirements of the relevant policies. 2) The engineering design should be optimized in order to protect the land and minimize the impact by the land acquisition and resettlement. To minimize the number of involuntary relocatees, the project should avoid the areas with high population density and multi-storied buildings as much as possible. Better construction methods and other measures should be taken to reduce the disturbance to people. 3) All the compensations and resettlements for the involuntary relocatees should be a part of the project. In order to benefit the relocatee, sufficient funds should be available to them. 4) It should be ensured that all the affected persons loss caused by the project would be compensated before the remove. Reasonable resettlement and effective rehabilitation should be conducted and provide assistance for their temporary difficulties during transfer. 5) It should be ensure that, after the resettlement, the living conditions, productivity and income level of all affected persons could come back to or exceed the level without the project. 6) There is no deduction for depreciation or any kind of discount for house and other asset compensation, which should be based on replacement values. Compensation can be made in cash or in kinds (such as property rights transposition). No matter by what means, the compensation should be enough to buy a house with similar structure and condition of the same size in the same area. The project sponsor has the responsibility to recommend affordable houses to the relocatees, and help them deal with the transactions (including some preferential benefits). 7) All the persons and buildings that are negatively affected by the project should be compensated. The compensation and help should not be canceled because of the incompleteness of residence register, lease and operation register. 8) No compensation or relocation could be given to the people who enters the project area and occupies any land or house beyond the deadline as stipulated. Anyone who refuses to sign the compensation for relocation contract or refuses to remove after the contract was signed will be treated according to relevant judicial programs or laws. 9) Relocatees loss will be compensated during the moving and transfer process. The recommended host 74

83 area should be provided with elementary basic infrastructure and service facilities. 10) Non-residential units loss caused by remove and suspension of business will be compensated. Reconstruction within the affected areas and relocation in outside area should conform to the planning requirements, as well as the second- remove should be avoided in the coming days. 11) Vulnerable group should be treated reasonably. The project sponsor should help them with choosing and moving their houses. 12) The owners of the infrastructure should be compensated. The compensation should be used for the reconstruction of affected infrastructure and rehabilitation of the function. 13) Land acquisition and the loss caused by land acquisition should be compensated reasonably. Compensation for land acquisition will be paid to the collective organization to develop the collective economy, improve the public facilities and provide rehabilitation to affected villagers. The resettlement subsidies will be paid to the resettlement sponsors or the resettled individuals to pay the insurance fee. 14) All the fees for land acquisition should be paid within three months after the compensation and resettlement program get approved. It should also be no later than the day the land is put into construction use. 15) Generally, the temporarily land acquisition should not be longer than two years. The user should restore the conditions of the occupied cultivated land within one year after its occupation. When the collective land is occupied, a temporary land acquisition contract should be signed between the temporary land occupier and the collective economic organization or the residential committee and compensation for temporary land acquisition should be paid. The temporary land acquisition compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. 17) Encourage the relocatee to participate in the preparation of resettlement planning and the process of resettlement; let the relocatee know the compensation and resettlement policies and standards. It should widely collect opinions of the affected persons during survey, and incorporate them in the RP report. 18) Seriously consider the complaints made by the affected person and help them with their difficulties and inconvenience in land acquisition and relocation reasonably and practically. The problems or 75

84 dissatisfactions with the compensation standards should be resolved mainly through negotiation. If negotiation does not work, arbitration even a country appeal could be carried out. Any compulsive actions by the resettlement sponsor should conform to relevant laws. 19) Relative organizations should cooperate together to intensify the resettlement organizations at all levels and train all the staff that will go to duties. 20) In the process of the project, the county PMO is responsible for monitoring the interior implement of the project, hiring an independent organization to do the exterior monitoring and submitting the monitoring report to ADB periodically. Resettlement Assessment will be carried out after the project. 21) Any important changes made in the implement of resettlement (such as decreasing the compensation standards, changing the location or scale of the land acquisition for the project, new sub-project, changing any sub-project into a domestic invested one) should be reported to ADB in advance. If necessary, the resettlement planning can be revised or other resettlement can be prepared. 22) If other non-adb project demolition occurs ahead or simultaneously in the ADB project area, the ADB project can take the advantage of other project under the condition that all the compensation and resettlement standards accord to the resettlement planning Compensation Reference and Standard for Land Acquisition Permanent Land Acquisition of Project Collectively Owned Land (1) Compensation Standards for Cultivated Land Acquisition 1) Analysis on Output Value of Cultivated Land Based on the investigation, most parts of the project area, with a low-level and open relief, are often suffered from flood disaster, resulting in a low annual output value. So, the annual output values of both paddy field and vegetable land shall be considered as class II. According to the relevant provisions of XZF [2005] No.47 document, A Notice by General Office of Hunan Provincial People s Government about Issuing Land Requisition Annual Output Standards, the annual output value of Changde City is listed as follows: 1500 yuan/mu for paddy field of class II, 1100 yuan/mu for dry farmland, 2400 yuan/mu for vegetable land of class II. According to the adjustment factor in Shimen County (0.9), the per mu output value of paddy field is 1350 yuan, that of dry farmland is 1100 yuan, and that of vegetable land is 2250 yuan. 2) Multiple of Land Compensation and Resettlement Subsidy According to the relevant regulations from Land Administration Law, Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project, land compensation for the acquired cultivated land is 10 times of the average annual output value of the land per mu in the previous 3 years before land acquisition, and resettlement subsidy for each persons 76

85 requiring economic rehabilitation is 6 times of the output value per mu. The young crops of less than one year growth period is compensated for according to output value of a season; and the cost of young crops is calculated as 40 percent of the annual output value according to farming system of the cultivated land in the project area. 3) Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of compensation is calculated as yuan per mu for paddy field, yuan per mu for dry farmland, yuan per mu for market vegetable land (including the new vegetable land construction funds of 5000 yuan/mu). (2) Compensation Standards for Garden Land Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, the land compensation fee for garden land acquisition shall be 50 percent to 100 percent of compensation standards for the paddy field near the land. The resettlement subsidy shall be executed with reference to the regulations of the cultivated land. The garden land acquisition in this project is orange garden. Because of lower breed, it is generally self-sufficient or limited to sell within the range of the local region, with relatively low price. Through investigation and analysis, the compensation fee for garden land acquisition is 60 percent of paddy field standards, whereas resettlement subsidy is 100 percent of paddy field standards. And the compensation fee for affected fruit trees is set at 3600 yuan per mu according to 60 pieces per mu and 60 yuan per piece. Based on this calculation, compensation fee for the unit price of the garden land is yuan per mu. (3) Compensation Standards for Pond Acquisition Based on the investigation, the pond requisitioned in the project area was mainly used for both irrigation and fish breeding, with the rough breeding conditions. According to the relevant regulations of Methods of Hunan Province for Implementing the Land Administration Law of the PRC, the land compensation fee for Pond acquisition shall comply with compensation standards of vicinal paddy field, the resettlement subsidies shall comply with 40 percent of compensation standards of vicinal paddy field, and the production compensation fee shall comply with the annual output value of the pond. Based on this calculation, the land compensation for fishpond acquisition is yuan/mu. (4) Compensation Standards of Housing plot According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, the land compensation fee for the villagers housing plots shall comply with compensation standards for the vicinal paddy field. If the villagers 77

86 housing plots need to rebuild, the resettlement subsidy shall be paid according to the classification standard for the rebuilding sites. Rebuilding sites from the villagers housing plots in this project are mainly the timber forest land, so the land compensation fee is 8100 yuan/mu according to compensation standards for paddy field, while the resettlement subsidy and the cost of young crops are 3915 yuan/mu and 540 yuan/mu respectively based on the compensation standards for timber forest land. Through this calculation, the unit price of the compensation fee for the villagers housing plots is yuan/mu. (5) Compensation Standards for Unused Land Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China, the land compensation fee for expropriating waste mountains, wasteland and other unused land is 20 percent of the vicinal paddy field, and its resettlement subsidy is free from payment. Other land acquisition in this project is mainly the wasteland. No resettlement subsidy is paid, and what is only taken into consideration is the compensation fee for land acquisition. The unit price is set at 2700 yuan per mu according to 20 percent of the land compensation fee for paddy land. State-owned Land (1) Compensation Standards for Residential Land According to the relevant regulations from Land Administration Law of the People s Republic of China and its Implementation Regulations, the calculation of the land price such as remise, demise, tenancy and mortgage of ownership as well as shareholder of real estate properties of state-owned land in Shimen County, based on land price, acts as land asset amount after amending according to the factor of land area, exceptional factor, useful life, evaluation date, plot ratio, development extent, land depth, position deviation, etc. The residential land acquisition in this project is mainly housing plot of town dwellers. According to location factor of the demolished houses, through the consultation among Shimen PMO and affected work units as well as its department in charge, the compensation for land occupation of all the urban residential houses is paid as 75 yuan per square meter. Based on this calculation, the unit price of compensation for land acquisition of urban residential houses in this project is set at yuan/mu. Considering that the compensation for urban residence land is listed into compensation standard for urban residential houses, the budgetary estimate of land compensation fee in this project is free from statistics. (2) Compensation Standards of Industrial Land The industrial land to be acquired in this project is mainly the land used by affected work units, which is 78

87 located at the at the junction of the rural and urban areas, and the resettlement shall be carried out nearby the affected area. Through the consultation among Shimen PMO and affected work units as well as its department in charge, the compensation for acquired industrial land shall be set at yuan/mu as per the compensation standards for vicinal paddy field. For details of compensation standards for permanent land acquisition, see Table Land Ownership Collectively Owned Land State-owned Land Table Land Type Shimen County Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project Land Compensation Fee Resettlement Subsidy Young Crops Compensation Fee Unit: yuan/mu Vegetable land Construction Funds Standards (yuan/mu) Paddy Field Dry Farmland Market Vegetable land Garden Land Fishpond Rural Housing Plot Unused Land Industrial Land Acquisition Residential Land Acquisition Temporary Land Acquisition in the Project The compensation fee for temporary land acquisition in this project includes the cost of young crops, compensation fee for land loss and the reclamation cost. Compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land, whereas the reclaiming expense is mainly used for reclaiming temporary land after occupation. Compensation fee for land loss is determined by the annual output value and occupation time of the land, whereas the reclamation cost is determined by actual expense of reclaiming. 1) The Unit Price of Temporary Land Acquisition Compensation According to materials provided by design organization, temporary construction site in this project is mainly the earth material site, which contains dry farmlands, shrub land, and waste land. The total construction period of this project is 34 months. Considering the embankment works shall be carried out in years and in sections, the temporary land acquisition time is determined to be 2 years. The 79

88 annual output value of dry farmland is 1100 yuan/mu, and the cost of young crops is 440 yuan/mu as per 40% of the annual output value; the annual output value of shrub land is 405 yuan/mu as per the 30% of the output value of vicinal paddy field, and the timber compensation fee is 405 yuan/mu as per the annual output value, and no compensation fee shall be paid for all the waste land. Based on this calculation, the unit price of temporary land acquisition is, respectively, 2640 yuan for dry farmland, and 1215 yuan for shrub land. 2) The Expense of Reclaiming Temporary Land Acquisition According to Temporary Land Rehabilitation Plan in the project, both the restoration engineering measures and plant measures of temporary construction site are included in the soil and water conservation design. Only reclamation of the temporary dry farmland acquisition is planned in this report, and the reclaiming area is mu. Based on analysis on the engineering volume and the unit price that is necessary to reclaiming per mu cultivated land of the earth material site, the expense of reclaiming cultivated land is 3439 yuan per mu through calculation. For details of analysis on the unit price of reclaiming cultivated land per mu, see Table Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table Item Unit Unit Price (yuan) Quantity Investment (yuan) Remarks Total Earth work Clay cover m Arable layer backfilling m Arable layer leveling m Laying field ridge m Soil maturizaition Farm fertilizer dan Phosphorus fertilizer kg Carbamide kg Potash fertilizer kg Field matching facilities mu For details of standard for temporary land acquisition in this project, see Table

89 Table No. Land Type Shimen County Compensation Standards for Temporary Land Acquisition in Urban Flood Control Project Average Annual Output Value(yuan/m) Land Loss Expense (yuan/m) Acquisition Standard time (year) Young Crop Cost (yuan /m) Reclamation Cost (yuan / mu) Total (yuan/ mu) 1 Dry Farmland Shrub Land Waste Land No compensation shall be paid for waste land acquisition The Relocation Compensation Reference and Standards for Residential House and Auxiliaries 1) Residential House The dwellers residential houses in the project area are mostly brick concrete, brick wood structures. In order to constitute reasonably compensation standards to make relocated household acquire the compensation equal to the replacement value, we investigated and analyzed the resettlement prices of brick concrete buildings and brick wood houses in the area affected by the project at the same time of investigating physical indices (see Table and Table for details of analysis results of unit price). The material consumption of house construction is determined by the relevant quota from Quota Manual of Architecture and Construction. Based on budgetary price of building materials in the second quarter of 2006 in Shimen County, the price of materials is determined through analysis as follows: the replacement value of urban brick concrete house is 377 yuan per square meter, the replacement value of brick wood house is 288 yuan per square meter. Whereas the replacement value of rural residential brick concrete house is 319 yuan per square meter, the replacement value of brick wood house is 244 yuan per square meter. In general, these compensation rates will be used by the resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas, which will be higher than these compensation rates.considering the different rate of decoration and building materials of residential houses in the project area, compensation standards for residential house with various types of structure in this project can fluctuate within the range of ten percent or so. 81

90 The Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Urban Residential House Table Unit Brick Concrete Brick Wood Item Unit Price Amount Amount Quantity Quantity (yuan) (yuan) (yuan) 1. Direct Cost ) Basic Direct Cost Cost of Materials Rolled Steels kg Small Grey Tile piece Cement kg Timber m Cast Iron Pipe kg Felt m Asphalt kg Glass m Brick piece Lime kg Sand m Macadam m Nail kg Other Materials 6.00% Labor Cost Labor day ) Other Direct Cost 2.00% Remarks 2 percent of Basic Direct Cost 2. Indirect Cost 7.00% percent of Direct Cost 3. Construction Profit 7.00% percent of Item Tax 3.41% percent of Item New Construction Cost m Round-off Value yuan

91 The Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Rural Residential House Table Item Unit Brick Concrete Brick Wood Unit Price Amount Amount (yuan) Quantity Quantity (yuan) (yuan) Remarks 1. Direct Cost (1) Basic Direct Cost Cost of Materials Rolled Steels kg Small Grey Tile piece Cement kg Timber m Cast Iron Pipe kg Felt m Asphalt kg Glass m Brick piece Lime kg Sand m Macadam m Nail kg Other Materials 6.00% Labor Cost Labor day ) Other Direct Cost 2.00% percent of Basic Direct Cost 2. Tax 3.41% 3.41 percent of Item New Construction Cost m Round-off Value yuan According to location factor of demolished houses as well as relocation and resettlement mode (scattered resettlement in resettlers existing village is adopted to rural residential housing relocation, whereas cash compensation and property-right-transposition mode are adopted to the resettlement for urban residential housing relocation), through the consultation among Shimen PMO and affected work units as well as its department in charge, the compensation for relocation and demolition of urban houses in urban flood control project of Shimen County shall be executed with reference to the implementation methods of demolition compensation resettlement for the similar projects in Shimen County: all the urban residential houses are compensated according to the mode of cash resettlement in principle. Among them, the land portion is compensated at 75 yuan per square meter, and compensation standard for the structure complies with the replacement value. For rural residence, the new housing plots are unified arranged in principle, and compensation standard for relocation and 83

92 demolition of house complies with replacement value. Based on these calculations, compensation standards for relocation and demolition of residential houses in urban flood control project of Shimen County are presented in Table Table Shimen County Compensation Standards for the Demolished House in Urban Flood Control Project Housing Type Structure Unit Replacement Value Land-value Standards Remarks Brick Concrete Yuan/m Fluctuant Amplitude 415~490 Town House Brick Wood Yuan/m Fluctuant Amplitude 335~395 Simple Structure Yuan/m Brick Concrete Yuan/m Fluctuant Amplitude 290~350 Rural House Brick Wood Yuan/m Fluctuant Amplitude 220~270 Simple Structure Yuan/m ) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined by similar project in this province and the unit price of current building materials in Shimen County. For details, see Table Compensation Standards for Auxiliary Facilities of Residential House in Urban Flood Control Project of Shimen County Table No. Item Unit Standards Remarks 1 Wall Yuan/m Cement Sunny Field Yuan/m Air-condition Reassembling Yuan/set Phone Reassembling Yuan/set 200 3) Compensation for Infrastructure Compensation for infrastructure mainly includes investment of resettlement housing plots, including leveling, and facilities construction such as water supply, electricity, and road access. According to resettlement plan, rural relocation households will mainly resettled dispersedly within their own village groups with better conditions of landform, road access, electricity, and water supply. The urban dwellers will be resettled by purchasing commercial house by themselves after they obtain the cash compensation. The current infrastructures in the resettlement site are well-developed. For all the 84

93 resettlers in the new resettlement site, using existing water supply, power network and road access, the issue of providing related infrastructure could be solved. According to landform of resettlement site in this project area and with reference to other provincial similar projects, the project compensation fee for infrastructure such as site leveling, drinking facilities and lighting facilities is set at per capita 1500 yuan. 4) Moving and Transfer Allowance For resettlers affected by relocation, although most of them will be relocated not far away, in the local region, it is inconvenience for rebuilding houses in such relative tight schedule, thus the moving and transfer allowance will include moving expense, living allowance, temporary housing allowance, second moving expenses, and so on. The transfer period is set at three months. 1Moving expense includes cost of vehicles, material transport cost, and material damage expense. Compensation fee is set at 100 yuan per person; 2 Living allowance includes meal and lodging expenses during moving, medical care during moving, and loss working time because of moving. Compensation fee is set at 100 yuan per capita; 3 Temporary housing allowance refers to resettlers temporary housing expenses before their new houses are built. A large majority of the resettlers belong to non-rural population. They will have to rent the temporary residential houses, and the temporary housing allowance is set at 300 yuan per capita; 4 Second moving cost mainly refers to the cost of moving from temporary residential houses to replace new houses. It is set at 100 yuan per person. 5) Compensation for Scattered Trees and Tombs Compensation standards for scattered grown-up trees vary according to lopped tree species, tree age and different sizes. Compensation standards for scattered trees in this project are determined with the reference to similar projects and the relevant regulations in Shimen County. For details, see Table Compensation Standards for Scattered Trees in Urban Flood Control Project of Shimen County Table No. Item Unit Unit Price (yuan) Fluctuant Amplitude 1 Fruit Tree yuan/piece 60 20~100 2 Sundry Tree yuan/piece 10 5~14 3 Economic Tree yuan/piece 50 30~ Compensation Reference and Standard of Affected Enterprises and Institution 1) Non-residential houses 85

94 In the project area, the compensation standard for non-residential house will comply with the standard of urban residential housing demolition. In view of compensation for acquired land areas belonging to enterprises and institutions, the building compensation will be mainly based on lost structures, and compensation standards will be based on replacement value for the lost structures. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. For details of compensation standard, see the Table The Compensation Standard for Non-residential Housing Relocations in Urban Flood Control Project of Shimen County Table Housing Type Structure Unit Standards Remarks Brick Concrete Yuan/m Fluctuant amplitude 340~415 Non-residential Brick Wood Yuan/m Fluctuant amplitude 260~320 Simple Structure Yuan/m ) Accessorial facilities Compensation standard of accessorial facilities will comply with the compensation standard of accessorial facilities relocations of urban residential housing. See Table for details. Compensation Standard for Accessorial Facilities Relocations of Non-residential Housing in Urban Flood Control of Shimen County Table Type Item Unit Standards Remarks Wall Yuan/m Accessorial Facilities 2 20 Cement Sunny Field Yuan/m ) Relocation Allowance and Compensation of Production Equipment According to the relevant regulations in the Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulation, the relocation allowance and the compensation of production equipment shall be determined according to the actual expense for disassembly, moving, installation of production equipment or the actual value of the waste production equipment after depreciation. Only the simple structures of enterprises/institutions are affected, therefore, the actual expense is very low. Through the consultation with the unit involved, it is determined that only the relocation allowance is considered as 25 yuan/m 2 based on the housing area to be moved. 4) The Loss Compensation for Stop Production and Working in Removing Period 86

95 According to the investigation, only the simple structures of enterprises and institutions are affected, accordingly, there is no impaction on their normal operation. Therefore, during the removing period, the compensation for stop production and working will not be considered Compensation Reference and Standard of Special Facilities Affected by the Project 1) Facilities for power transmission and transformation In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of 10kV high voltage wire and 380 low voltage in the project area is carried out in details along with investigation on physical indices. According to the electric engineering budgetary estimate compiling method and related quota, the consumption volumes of materials are determined by calculation and analysis on unit price. The prices of material are determined on the basis of material budget price of the third quarter of 2004 in Shimen County. According to the typical analysis on unit price and with reference to the similar projects, unit price of rebuilding compensation for 10kV high voltage tension and 380V low voltage tension in the project area is determined to be yuan/km and yuan/km. See Table and Table for details of unit price analysis of per-kilometer power line. 87

96 Table No. Name of Cost Specification (ratio) Unit Quantity Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Unit Price (yuan) Amount (yuan) Sub-total Wage Material Machine Sub-total Wage Material Machine Round-off compensation standard Total I Material cost (1) Main material cost Concrete pole YB Piece Wire LGJ-35/6 Kg Cross arm Set Needle ceramic bottle PT-15T Set Single crown bar ZJ1-62 R95 Set Hoop BGR-R100 Set Guy wire GJ-35 Kg Guy anchor LP-04 Piece Pull rod φ15*2500 Piece Guy anchor ring UM22 Piece Material loss % (2) Supplementary material cost 10% of main material cost 2264 II Installation Cost (1) Site transportation Man-power transportation Average run distance1km 1km tkm Truck material handing t Transportation by truck Run distance 50km tkm Terrain adjustment and increase 40% of item 1 to item 3 % (2) Earth and rock work

97 Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table No. Name of Cost Specification (ratio) Unit Quantity Unit Price (yuan) Amount (yuan) Sub-total Wage Material Machine Sub-total Wage Material Machine Pole pit m Guy wire pit m (3) Erect the pole and lay the wire Erect the pole Piece Cross arm installation Set Fabricate the guy wire Set Installation of guy anchor Set Lay the wire km/single wire (1) to (3) in total (4) Basic direct cost % (5) General cost % (6) Design profit % (7) Adjustment of labor cost % (8) Far place adding cost % (9) Tax 3.348% of item 1 to item 8 % (10) Labor insurance funds 3.5% of item 1 to item 9 %

98 Table Unit Price Analysis Table of Per Km. 380V Electric Power Line No. Name of Cost Specification (ratio) Unit Quantity Unit Price (yuan) Amount (yuan) Sub-total Wage Material Machine Sub-total Wage Material Machine Round-off compensation standard Total I Material cost (1) Main material cost Concrete pole YB-15-7 Piece Wire LGJ-16/3 Kg Four lines cross arm Set Butterfly ceramic bottle ED-2 Set Encircling BGR-R80 Set Guy wire GJ-35 kg Guy anchor LP-04 Piece Pull rod φ15*2500 Piece Guy anchor ring UM22 Piece Material loss % (2) Supplementary material cost 10% of main material 1078 II Installation Cost (1) Site transportation Man-power transportation Average run distance1km tkm Truck material handing t Truck transportation Run distance 50km tkm Terrain adjustment and increase 40% of item 1 to 3 % (2) Earth and rock work

99 Unit Price Analysis Table of Per Km. 380V Electric Power Line Table No. Name of Cost Specification (ratio) Unit Quantity Unit Price (yuan) Amount (yuan) Sub-total Wage Material Machine Sub-total Wage Material Machine Pole pit 0.8*0.8*1.5 m Guy wire pit 0.4*0.8*2 m (3) Upright stanchion and lay wire Upright the cement pole Piece Cross arm installation Set Fabricate the guy wire Set Installation of guy anchor Set Lay the wire km/single wire (1) to (3) in total (4) Basic direct cost % (5) General cost % (6) Design profit % (7) Adjustment of labor cost % (8) Far place adding cost % (9) Tax 3.348% of item 1 to 8 % (10) Labor insurance funds 3.5% of item 1 to 9 %

100 2) Post Facilities In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of HYA3-0.5 Type post and telecommunication cable in the project area is carried out in details along with the investigation on physical indices. According to the communications engineering budgetary estimate compilation method and the relevant quota, the consumption volume of materials are determined for the unit price analysis and calculation. The prices of material are determined on the basis of material budget price of the first quarter of 2005 in Shimen County. According to the typical analysis on unit price and with reference to the similar project, unit price of rebuilding compensation for post line with of HYA3-0.5 type cable in the project area is determined to be yuan/km. See Table for details. Unit Price Analysis Table of Average Per-Km. Telecommunication Line Table No. Name of Cost Specification (ratio) Unit Quantity Electric Cable HYA3-0.5 Unit Price (yuan) Amount (yuan) Round-off compensation standard Construction installation project cost I Direct project cost (1) Direct cost Labor cost Technical staff cost Labor day Common labor cost Labor day Material cost Main material cost Power pole mConcrete pole Piece 0 7mConcrete pole Piece 0 6mConcrete pole Piece Galvanized stranded wire Lifting rope (7/2.2) kg Guy wire (7/3.0) kg Transmitting wire Optical fiber cable m 0 Electric cable m Coupler 45mm Set Anchor tie steel handle Set Concrete capstan Piece Fish-plate Set Single-suspended encircling Set

101 Table Unit Price Analysis Table of Average Per-Km. Telecommunication Line No. Name of Cost Specification (ratio) Unit Quantity Electric Cable HYA3-0.5 Unit Price (yuan) Amount (yuan) Outdoor junction box Set Junction box tee metal Set Supplementary material cost 5% of main material cost 421 (2) Other direct cost Instrument working cost 4% of technician staff cost 47 2 Production tool working cost 12% of technician staff cost +2% of common labor cost 3 Project vehicle working cost 13% of technician staff cost Site equipment moving charge 12% of technician staff cost Mobile construction subsidy 4.8yuan/day for technician staff cost 6 Project interference cost 10% of labor cost Labor cost price difference 8.8 for technician staff, 4 for common staff cost 816 (3) Site cost Temporary facility cost 2 Site management cost 22% of technician staff cost+ 10% of common labor cost 32% of technician staff cost+ 20% of common labor cost II Indirect cost 48% of technician staff cost 564 III Planed profit 30% of labor cost 518 IV Tax 3.41% of item 1 to ) Broadcast and CATV Facilities According to the calculation of replacement value and with the reference to the compensation standards in the similar project, the compensation for the reassembling of CATV line is determined as per yuan/km, and that for the reassembling of broadcast line is determined as per yuan/km. For details of compensation standard for rebuilding special facilities in the project, see Table

102 Summary Table of Special Facilities Compensation Standard in Urban Flood Control Project of Shimen City Table Item Sub-item Unit I. Facilities for Power Transmission and Transformation II. Telecommunication Line III. Broadcast and CATV Facilities Standards (yuan) 10KV high voltage line km V low voltage line km Electric Cable HYA3-0.5Telephone Wire km CATV Line km Broadcast Line km Remarks 4.4 Table of Entitlement Matrix According to the on-spot investigation conducted by Shimen PMO and resettlement design unit, main impacts on land acquisition and demolition have been confirmed on the basis of natural loss, and entitlement matrix table can be used as the basis of paying the compensation. For details, see Table

103 Table Affected Type Rural residential house and accessorial building Affected Object Relocatee Table of Relocatee Rights and Interests of Shimen County Urban Flood Control Project Compensation Standard (yuan/unit) Responsible Agency Policy of Land Acquisition and Resettlement Standard Compensation Item (Fluctuant amplitude) County PMO, County Land and Resources Bureau 1.The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is Housing Compensation allowed. Available materials belong to the relocatees, and they also can use them to build new house. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will Brick Concrete Structure 319 yuan/m 2 (290~350) be based on actual appraised values in the project areas. 244 yuan/m 2 Brick Wood Structure 2. Resettlement institution shall help the rural relocatee to get the new housing plot in his own group, each person shall (220~270) get 1500 yuan for resettlement site leveling, water drinking and lighting. Simple Structure 60 yuan/m 2 3.The resettlement plan respects the idea of the majority of relocatees. Self-dismantling and self-building mode shall Accessorial Facilities be adopted and the relocatees can build their house scatterly in rural dispersedly, and the relocatees can consider Wall 20 yuan/m 2 freely whether to use the available materials of old houses fully. Before the completion of new house, the relocatees Cement Sunny Field 25 yuan/m 2 can live in their original houses and they shall not be forced to move before the stipulated date. Phone Reassembling 200 yuan/set 4. Relocatee shall get the notice three months before the construction of new houses, and they shall have at least two Air-condition to three months to build the house. Discuss the arrangement of house building time fully with the relocatee in village Reassembling 200 yuan/set and town, and it is better to arrange it in slack season. Moving and transfer allowance will be considered including Infrastructure Compensation moving cost, living allowance, medical expense, temporary house transfer and second-time moving charge. And the Site Leveling, Lighting transfer period is three months yuan/person and Drinkinge 5. Effective measures shall be employed by the resettlement institution in the course of implementation to help the Demolition Subside vulnerable (the old, the handicapped, the weak and woman-headed households): the subsidy of building new houses Moving Charge 100 yuan/person for specially poor family is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per Living Subside 100 yuan/person person. And the Township (Town) Committee and Village Committee shall assist them to build the house and help them Temporary House move into the new house by consulting them. 300 yuan/person Subside 6. Compensation fee for house shall be paid to the relocatee before the construction of new house. If the installment plan is adopted, the final cost shall be paid to them before the completion of new house. Second Moving 7. The resettler can lodge appeal for any aspects of the resettlement, including the compensation standard. No 100 yuan/person Charge expense shall be paid to the organ dealing with resettlers appeal. 95

104 Table Affected Type Urban residential house and accessorial building Affected Object Relocatee Responsible Agency County PMO, County Land and Resources Bureau Table of Relocatee Rights and Interests of Shimen County Urban Flood Control Project Policy of Land Acquisition and Resettlement 1) The resettlement plan respects the ideas of the large majority of the resettlers. Cash compensation shall be adopted to the urban dwellers affected by the project, and the houses shall be provided by the local government for the resettler to purchase by themselves. 2) All the urban residential houses shall be compensated according to the mode of cash resettlement in principle, the land portion is compensated as 75 yuan per square meter, and compensation standard for the structure complies with the replacement value. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 3) In the process of implementation the effective measures are adopted by resettlement organ at all levels to help the vulnerable (the old, the handicapped, the weak, and woman-headed family: the subsidy of building new houses for specially poor family is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per person. And sub-district and residence committee will help the resettlers to re-build and move to new houses under the circumstances of holding counsel with them 4) Compensation fee for houses will be paid to the resettlers before their purchasing new houses. Before their purchase, the resettlers may live in their original houses and they will not be forced to move before the stipulated date. 5) The resettler can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers appeal. Compensation Standard (yuan/unit) Compensation Item Standard (Fluctuant amplitude) Housing Compensation Brick Concrete 452 yuan/m 2 Structure (415~490) Brick Wood 363 yuan/m 2 Structure (335~395) Simple Structure 150 yuan/m 2 Accessorial Facilities Wall 20 yuan/m 2 Cement Sunny 25 yuan/m Field 2 Infrastructure Compensation Site Leveling, 1500 Drinking and yuan/person Lighting Demolition Subsidy 100 Moving Charge yuan/person 100 Living Subsidy yuan/person Temporary House 300 Subsidy yuan/person Second Moving 100 Charge yuan/person 96

105 Table Affected Type Non-residential house and its accessorial building Scattered trees Permanent acquisition land Affected Object Individuals engaged in small-scale business Owner of title Owner of title State-owned land Table of Relocatee Rights and Interests of Shimen County Urban Flood Control Project Responsible Agency County PMO, County Land and Resources Bureau Policy of Land Acquisition and Resettlement 1) All enterprises and institutions affected by the project are planned to be relocated and rebuilt by themselves, and the PMO shall discuss with the related units about the compensatory standard and relocating and rebuilding time. All the costs needed by the construction shall be listed into the general budgetary estimate of the project and be paid by the PMO 4 months before the commencement of corresponding project. Labor resettlement in the course of resettlement shall be paid in unpredictable costs by the PMO. The labor force arrangement cost occurred during the resettlement will be paid by the project executive agency using the contingency. 2) All the non-residential houses are compensated according to the mode of cash resettlement in principle. Among them, the land portion shall be listed into compensation fee for industrial land; and compensation standard for structure shall be executed with reference to the replacement values of the urban residential houses, and no depreciation will be deducted. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 3) Moving allowance for enterprises and institutions during the course of relocation is calculated at 25 yuan/m 2 according to the area of non-residential house needed to be removed. 4) No overall relocation/reconstruction is required, and their normal operation shall be little affected by the project construction, so the loss compensation for stop production will not be involved. County PMO, County Land and The project shall pay the compensatory cost or replanting cost for the scattered trees. Resources Bureau 1. The paid transfers of land ownership are adopted to residential land within project range. Its County PMO, compensation standard shall be executed according to the detailed methods of the similar project in County Land and Shimen County: the ownership of land occupied for construction shall be compensated as per 75 Resources yuna/m 2. Bureau 2. The compensation standards for industrial land acquisition in the project area shall comply with the standards for vicinal paddy fields. Compensation Standard (yuan/unit) Compensation Item Standard (Fluctuant amplitude) Simple Structure 75 yuan/m 2 Wall 20 yuan/m 2 Cement Sunny Field 25 yuan/m 2 Demolition Subsidy 25 yuan/m 2 Fruit Tree Sundry Tree Economic Tree Industrial Land Acquisition Residential Land Acquisition 60 yuan/piece(20~ 100) 10 yuan/piece(5~14) 50 yuan/piece(30~80) yuan/mu yuan/mu 97

106 Affected Type Permanent land acquisition Table Affected Object Collectively owned land Table of Relocatee Rights and Interests of Shimen County Urban Flood Control Project Responsible Agency County PMO, County Land and Resources Bureau Policy of Land Acquisition and Resettlement 1. For the project construction land acquisition, the village shall obtain the land compensation cost and resettlement subsidy paid by the land acquisition unit; and relocatee will obtain young crop cost and ground adhesion matter compensation cost an so on; What s more, If the land adjustment or the land reclamation is carried out inside the villager s group to make the affected farmers by land acquisition obtain land or other means of production, the land compensation fee and the resettlement subsidies should be controlled for utilization by the villager s group collective. On the contrary, if there is no possibility to carry out land adjustment or land tidying or development, and the relocatee has not got any production materials, the village group the village group shall pay not less than 75% of the land compensation fee and resettlement subsidy to them. 2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee in the project construction, such as construction of farmland water conservancy facility, rebuilding of rural infrastructure and adjustment of agriculture structure and so on. 3. The compensation standard for cultivated land acquisition is calculated based on the average output value stated in the XZF [2005] No.47 document. Compensation of cultivated land acquisition and multiple of resettlement subsidy shall be in accordance with the quantity of per capita cultivated land area before the land acquisition in project area, and shall be determined according to Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Land Administration Law of PRC. Requisition of garden land, villagers housing plot and other unused land shall be compensated properly with reference to the stipulation of cultivated land acquisition. 4. The land compensation fee shall be paid to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be carried out in slack season. And for all the farmers lost the land because of the project, they will acquire new land through land redistribution. Compensation Standard (yuan/unit) Compensation Item Standard (Fluctuant amplitude) Paddy Field yuan/mu Dry Farmland yuan/mu Market Vegetable land yuan/mu Garden Land yuan/mu Pond yuan/mu Villager s Housing Plot yuan/mu Unused land 2700 yuan/mu 98

107 Table Affected Type Affected Object Temporary land Contractor Special facility Owner of title Table of Relocatee Rights and Interests of Shimen County Urban Flood Control Project Responsible Agency Policy of Land Acquisition and Resettlement 1. The compensation fee for temporary land includes young crops cost, land loss compensation cost and reclamation cost. Time limit of the temporary land is set at two years. County PMO, 2. The compensation fee for land loss is mainly used for compensating total amount of County Land output or income of landowner from the original land. And the compensation fee for land and Resources loss shall be determined according to the annual output value and occupation time. Bureau, 3. After the construction, the land occupied shall be rehabilitated and returned to the Contractor village affected by the project. Temporarily-occupied dry farmland shall be reclaimed and the reclamation cost is 3439 yuan/mu. 4. No compensation shall be paid for the temporary acquisition of waste land. County PMO, relative professional departments All the special facilities affected by the project shall be rehabilitated and rebuilt according to the actual conditions affected by the project, original standard, scale and function. The PMO shall plan the investment according to the rehabilitation plan, and supply proper compensation funds for the each department in charge of special facility to organize the implementation. Compensation Standard (yuan/unit) Compensation Standard Item (Fluctuant amplitude) Dry Farmland 6079 yuan/mu Shrub Land 10KV high voltage line 380V low voltage line Telecommunication Line CATV Line Broadcast Line 1215 yuan/mu yuan/km yuan/km yuan/km yuan/km yuan/km 99

108 5. Resettlement and Rehabilitation Measures 5.1 Resettlement and Rehabilitation Objectives Make proper compensation and appropriate resettlement in order to insure the productivity, income level and living conditions of the affected people could be restored or improved. 5.2 Resettlement Population Calculation According to the investigation, 419 households with 1288 persons are affected by the land acquisition, among which 298 agriculture persons need economic rehabilitation and 464 persons in 148 households need new houses. According to the time schedule of the project construction, the resettlement implementation will be commenced at the end of 2007, which is close to the investigation basic year, so the resettlement plan is prepared based on the population to be relocated as actually investigated, not take the nature increase of population into account Economic Rehabilitation Population As the project is linearly distributed along Lishui River, most persons affected by land acquisition will lose a little part of their lands only. According to the detailed survey, the project will permanently occupy cultivated land of 171.8mu in 45 villager groups from 12 villages in 4 towns/townships (development areas) and affect 536 persons in 189 households. The average land loss per capita is 0.32mu. In terms of number of people who need economic rehabilitation, which refers those who would lose all their farmland holding, it is calculated by dividing amount of acquired farmland in each affected village group by the per capita farmland holding in that village group. The calculation formula is as follow: K= L/P Where: K stands for the number of people who need economic rehabilitation in every villagers group. L stands for the area of occupied cultivated land due to the project in every villagers group; P stands for the existing per capita cultivated land in every villagers group; According to the above formula, in the project affected area, 45 villager groups in 12 villages in 3 towns/townships (development areas) will be involved in economic rehabilitation, and 298 agricultural persons will need the economic rehabilitation. The calculation of economic rehabilitation population in every village s group is shown in details in Table

109 5.2.2 Resettlement Population of House Demolition and Relocation According to on site investigation, 24 villager groups in 9 villages in 4 towns/townships (development areas) will be involved in house demolition, and 464 persons in 148 households shall be relocated by building new houses. For details about relocatees affected by project demolition, please see Table Affected Population Due to the Temporary Land Acquisition The areas of temporary acquisition lands in this project total mu, including dry lands of mu, shrubbery of mu, and waste meadow of 37.60mu, and actually affect 284 persons in 92 households in 6 villager groups in 4 administrative villages under 2 towns (townships). During the period of temporary land occupancy, the affected villagers will get the compensation by years. After construction period, the structural measures of affected land recovery, planting measures and the temporary pile stock yard for the cultivated soil will be cooperated into the water & soil conservation design. The temporarily acquisitioned land will be reclaimed by use of the reclaimed cost and leveled, then returned to the affected farmers. 5.3 General Scheme for Resettlement During the project design, the design unit fully considered the destructive effect of land acquisition on local production and livelihood system, continuously optimized project design, and taken engineering measures to minimize the scope of land acquisition and demolition, therefore, the project construction will not create great unfavorable impact on the original production and livelihood system in each village. By holding discussion meeting in the development areas and resettler villages (residential committees) affected by the land acquisition to widely collect their opinions, and considering the actual situation in project impact area, the general scheme for resettlement was established as follows: 1) Plan for Economic Rehabilitation The affected farmers will be relocated in their original groups, and the economic rehabilitation will be greatly based on agricultural production with lands. Based on ensuring the relocatees have grain production capacity by adjustment cultivated lands, and by taking auxiliary measures for economic rehabilitation, such as improving water resources facilities, adjusting agricultural planting structure, changing dryland to paddy filed, developing aquatic breeding, and developing resources in mountainous region or secondary and tertiary industries, the potential of current land resources can be fully developed, so as to ensure the agricultural production level and integral socioeconomic level in project area. 2) Plan for House Demolition and Reconstruction 101

110 To minimize the project impact on resettler s production and livelihood, the affected rural resettlers shall be relocated in their original villager groups by moving back and scattered distribution. Based on the principle of that united planning, united land acquisition, and separated building, the relocatees shall be paid the compensation fee equal to the construction cost of their existing houses. With the housing plot arranged by villager s group, the relocatees can build the new houses by themselves. By this means, the production and living styles and the social relation of resettlers can be kept, which benefits the recovery and improvement of their production and income level after land acquisition and demolition, as well as the increase of their enthusiasm and adaptability for production and livelihood. According to the requirement of overall urban plan, no site for reconstruction of demolished urban houses will be arranged on principle, so the urban resettlers shall be relocated by means of cash compensation. 102

111 Table County (region) Town(ship)/ sub-district Population Calculation for Economic Rehabilitation under Urban Flood Control Project in Shimen County Village (residential Group committee) Current population Current cultivated land (mu) Cultivated land per Commercial Non-agricultural Paddy agricultural Subtotal Dryland vegetable population field person land (mu) Agricultural population Occupied cultivated land (mu) Subtotal Paddy Commercial field Dryland vegetable land Residual land per Agricultural capita relocatees (mu/capita) Shimen Chujiang Yanjiaba st nd rd th th Huangni st nd rd th th Yonggu st nd Xinchang st nd rd

112 Table County (region) Town(ship)/ sub-district Population Calculation for Economic Rehabilitation under Urban Flood Control Project in Shimen County Village (residential Group committee) Current population Current cultivated land (mu) Cultivated land per Commercial Non-agricultural Paddy agricultural Subtotal Dryland vegetable population field person land (mu) Agricultural population Occupied cultivated land (mu) Subtotal Paddy Commercial field Dryland vegetable land Residual land per Agricultural capita relocatees (mu/capita) 4 th Baota th th th Zhongdu st nd rd th Erdu Zhoutou nd rd Heyan st nd rd th Baofeng Development Area

113 Table Population Calculation for Economic Rehabilitation under Urban Flood Control Project in Shimen County County (region) Town(ship)/ sub-district Village (residential Group committee) Current population Current cultivated land (mu) Cultivated land per Commercial Non-agricultural Paddy agricultural Subtotal Dryland vegetable population field person land (mu) Agricultural population Occupied cultivated land (mu) Subtotal Paddy Commercial field Dryland vegetable land Residual land per Agricultural capita relocatees (mu/capita) Yueliang st nd Tiangong st nd rd th th th Caoshi th th th th Yijiadu Yishi rd th th th

114 Table House type Statistics of Population for House Demolition and Relocation under Urban Flood Control Project in Shimen County Town (subdistrict) Village (Residential committee) Households Subtotal Population Affected Population Non-agricultural population Agricultural population Population to be removed and relocated Households Total Urban house Rural house Chujiang Town Population Xinchang Yanjiaba Baota Zhongdu Huangni Baofeng Development Area Yueliang Caoshi Yijiadu Yishi Erdu Zhoutou

115 5.4 Environmental Capacity Analysis The environmental capacity of resettlement area is refers to the number of resettlers that an area can support and absorb with normal economic and ecological sustainability. The scope of this investigation on resettlement s environmental capacity is based on the rehabilitation scheme that is proposed in Resettlement Plan. As majority of the farmland in project areas have been in possession of others, the agricultural population who finally need rehabilitation by land have to share original land resources with residents in the host areas, and are guaranteed to get mutual benefit with local residents. To achieve this objective, a series of measures should be taken to increase agricultural income, such as increase investment on agriculture, improve fertility of field, change variety of crops, transform low-yield fields and change dry farm lands into paddy fields. The analysis on the change of land holding among affected villages and groups (Table 5.4-1) indicates: the current cultivated land per capita in 12 affected villages is 0.69mu, which will be reduced to 0.67mu after land acquisition, decreased by 0.02mu per capita or 1.92%. After land acquisition, the basic land holding in these villages will not be greatly changed. After land acquisition, the cultivated lands per capita in most groups are over 0.5mu. Among them, 1 st Group in Baota Residential Committee enjoys the most cultivated land, averaging 1.8mu per capita, and the grain fields in these groups can be ensured. In these affected groups, a large number of residual cultivated lands are in low yield and the drylands cover 73.97% due to low investment, lack of management, poor soil fertility, simple crop, and incomplete irrigation facilities. Therefore following the construction and operation of the project, as well as the improvement of flood control standard, the ameliorative measures, including increasing irrigation facilities and improving soil fertility, shall be adopted to change partial low drylands to paddy fields. Additionally, by fully exploiting the potential of cultivated lands, the production level and yield per unit area can be improved and consequently make up the loss due to submersed cultivated lands. As some groups have limited residual land resource and the decrease of cultivated land will reduce the income from crop farming, so in these groups, many measures, such as development of mountainous region, water surface and secondary and tertiary industries, can be taken to improve the economic income level, based on sufficient grain field. The groups affected by land acquisition under the project possess nearly 2000mu orange garden and 5500mu mountainous resources. By change of species in low-yield orange gardens or development and construction of high-standard orchards, partial rural labor forces can be located. Meanwhile, as the project area is close to Shimen County, the current socioeconomic foundation is favorable and the commercial economy is active, so each group can 107

116 develop secondary and tertiary industries based on geographical advantages and urban construction in Shimen County, so as to relocate partial rural labor force. Therefore the environmental capacity for relocatees in project area can meet the requirements generally. 5.5 Resettlement Plan Rehabilitation Plan for Livelihood Rehabilitation Choice of Rehabilitation Method From Dec to Jan. 2005, the resettlement design unit carried out the on-site investigation, optimization and demonstration in collaboration with county PMO and the local governments at various levels. According to the practical situations of project-affected area and resettlers opinions, the mode of scattered resettlement in their existing village has been adopted for the resettlers relocation in this project. 108

117 Table County Town/township (development area) Cultivated Lands in Villages Affected by Urban Flood Control Project in Shimen County Village (residential committee) No. of Group Current agricultural population Current cultivated land (mu) Current cultivated land per capita (mu/capita) Permanent land acquisition (mu) Proportion of acquisition (%) Cultivated land per capita after acquisition (mu/capita) Shimen Chujiang Town Yanjiaba Yonggu Xinchang Baota Zhongdu Huangni Erdu Township Zhoutou Heyan Baofeng development area Yueliang Tiangong Caoshi Yijiadu Town Yishi

118 A contract should be signed between the relocatee and the project sponsor or the land acquisition implementation agency, and the contract should include the compensation methods, the sum of compensation fee, the area and site of relocation houses, the time limit of relocation, and the transfer methods and time limit of transfer. The relocatee has the right to choose resettlement method and resettlement locations upon their willingness Principle and Procedure for Selecting Resettlement Sites 1) Principles The aim of rehabilitation of housing condition is to provide the relocated households with safe, convenient and graceful living environment. 1The new residential areas should have good terrain and geological conditions and reliable drinking water source. 2The location of new residential areas should be compatible with the economic rehabilitation plan. 3The location of new residential areas should be convenient for production, living and management. 4Save land, especially the cultivated land, as much as possible. 5Take the future population increase into account and leave rooms for further development. 6The distribution of houses in the residential areas should be based on the terrain conditions and take the lighting, ventilation, sanitation and greening conditions into account. 7The design of houses should meet the requirements of the relocatees and their financial abilities. 2) Procedures Based on the above principles, after on-site investigation and analyzing the terrain, geological, traffic, power and water source conditions, the location of new residential area is selected after negotiation with representative of relocatee and local government, taking the relocatees living and production conditions into account Planning of Demolition and Housing 1) Cash Compensation Resettlement 126 households with 407 urban citizens in 5 villages (residential committees) in Chujiang Town will be affected by the demolition of this project, and houses of 18107m 2 shall be demolished. According to the requirement of overall urban plan of Shimen County, rebuilding land will not be arranged for house demolition, so the affected urban citizens, based on their wills, will be relocated by cash compensation. The houses of these households will be compensated by cash compensation according to compensation standard, and the house resource information will be provided by local government for resettlers selection. During the implementation period, once the resettlers who like the property rights transposition occurred, the method of property rights transposition will be adopted, the house with the same price of replacement value will be provided by implementation agency for the resettlers selection. 110

119 In recent years, the real estate market in Shimen County increases rapidly; there are many houses at varied prices for the resettlers selections. Most of the resettlers like to buy new houses which close to the existing residences due to acquaintance of the environment and its convenient location for obtaining the employment and going to school; some of resettlers will buy new houses in other districts in Shimen County due to some human environment factors of moving to the place close with the relatives home or working place, as well as changing the rehabilitation place. According to investigation, the commercial housing and affordable housing in Shimen County are all the multistoried building with brick concrete structure and perfect facilities, and the basic price of commercial housing is yuan/m 2, the affordable housing is yuan/m 2, meanwhile there are many second-hand houses for their selection, which are all the multistoried building with brick concrete structure and perfect facilities, the basic price is yuan/m 2. According to the compensation standard of demolition houses and purchasing price comparison, the resettlers can buy new houses, which occupy the same area as the former one by use of demolition housing compensation. At the same time, considering the new houses purchasing and living condition improving together, most of the citizens would like to add own investment for improving living condition and adding living area. The relocated households who have economic problems to add living area and improve living condition will enjoy priority to get the bank loans according to the help of this project. 2) Move-back and Resettle Locally Most of rural relocatees affected by urban flood control project in Shimen County come from Yueliang, Caoshi, Yishi and Zhoutou administrative villages in Baofeng Development Area, Erdu Township and Yijiadu Town. A total of 57 persons in 22 households have to remove and houses of 4528m 2 shall be demolished. According to the relocatees wishes and the practical situations, it was initially determined that the relocatees shall be move-backed and resettled locally in the village which they formerly belong to. According to the principle of unified planning, unified land acquisition and separate construction, they will be compensated with fees enough to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. Most housing plots for relocatees are timber forests, and the standard for land utilization was determined at 180m 2 /household according to the existing national Land Administration Law, Implementation Methods for Land Administration in Hunan Province and Compensation Methods for Land Acquisition and Demolition in Shimen County. Due to the different influence caused by the project construction differentiating from one village to another in the project area as well as the different resources structure and infrastructure conditions in each village, according to the villagers opinion, the actual situations and the principle of convenient for production and easy to live, each village should provide at least one resettlement site, in which 2 to 5 111

120 households can be resettled. In addition, the villages should also provide necessary assistance in the process of house reconstruction and relocation. According to the standard of using the land, the standard of resettlement compensation and local custom, this project designed 4 types of house for the resettlers as examples. To rebuild their houses, the resettlers can choose one type of the house example or design their house by themselves according to their wishes and economic situations. The details of house examples are shown in Figure 2. More details about demolition and housing in the project area were shown in Table House-Building and Resettlement Scheme in Shimen County Table House Type Town (sub-district) Village (residential committee) Total Move-back and Resettle Locally Cash Compensation Households Population Households Population Site Households Population Total Urban Chujiang Xinchang Yanjiaba Baota Zhongdu Huangni Rural Baofeng Yueliang The group Caoshi The group Yijiadu Yishi The group Infrastructure and Public Facilities 1) Cash Compensation Resettlement The residents resettled by cash compensation can only purchase commercial housing or affordable economic housing. The construction of commercial housing or affordable economic housing in Shimen County shall all be approved by the planning department of Shimen County beforehand, and be equipment with the supporting facilities and public infrastructure facilities, of which the public traffic facility is just one aspect given the preference, the supermarket, store, school, kindergarten shall be built as a necessity. Therefore the residents, which chose the cash resettlement will not be troubled with daily living inconvenience, and, the residents will definitely inspect the construction situations of surrounding and the supporting facilities of residential area. 112

121 2) Scattered Resettlement in Existing Villages There is no special planning since the resettlement by means of move-back and resettle locally can rely on existing infrastructures and social service systems. For affected local infrastructure facilities, in addition to provide compensation and restore them to original conditions and functions, the local governments could also, according to the local economic situation and the principle of Convenient for production and easy to live, reasonably improve the facilities in the resettlement areas by providing additional funding or increasing the investment, making overall arrangement and constructing at the same time Assistance in Resettlement The land acquisition and resettlement implementation agency will be responsible for assisting resettlers at every aspect during the entire process of the resettlement: 1) Understand and try to satisfy the resettlers needs before the resettlement. 2) Help the resettlers dealing with their troubles such as arranging the vehicles and assisting the remove during the process of resettlement. 3) Try to realize the resettlers comfort and discomfort and try to solve their difficulties in time after the resettlement Economic Rehabilitation Planning for Resettlers Economic Rehabilitation Standard According to the agricultural means of production status and local agricultural production level in project area, the input and output level analysis has been conducted for the economic rehabilitation project for resettlers in project area. The economic rehabilitation strategy was established. For those village groups with sufficient land holdings after land acquisition (21 village groups out of 45 with per capita land holding being 0.5 mu or more after land acquisition), land readjustment in groups will be carried out based on the residual farmland per capita after land acquisition; land readjustment out of groups and farmland development will be determined based on the farmland per capita before land acquisition; species in orchard will be improved based on 1.5mu/person; new orchards and fish ponds will be developed based on 1mu/person; and the basic investment standard for providing each person of rehabilitation through animal husbandry will be based on degree of land loss among affected people, averaging about RMB 10,000 per person Economic Rehabilitation Planning for Resettler During December 2004~ January 2005, the resettlement design unit and the county PMO, together with the relevant department, conducted the on site survey on natural resources in project affected area. In the course of resettlement planning and project impact investigation, the consultation meeting participated by the leaders from affected townships (development areas) and villages and some 113

122 resettler representatives have been held, and the economic rehabilitation schemes for resettlers was discussed. Through the analysis on the geographic position, land resources ownership, income structure of local residents, and based on the extensive consultation with the resettlers, the overall economic rehabilitation scheme was developed as follows: adjust cultivated land of mu in groups to resettle 34 persons; adjust cultivated land of 6.16 mu out of groups but in village to resettle 6 persons; develop cultivated land of 21mu to resettle 17 persons; improve the species in orchards of 204mu to resettle 136 persons; develop orchards of 18mu to resettle 18 persons; develop fishpond of 15mu to resettle 15 persons, and develop secondary and tertiary industries to resettle 72 persons. See Table for details about economic rehabilitation in groups. 1) Adjust Cultivated Land in Groups According to the survey, after land acquisition, the residual cultivated land per agricultural person in 11 villager groups in Baota Residential Committee (of Chujiang Town), Heyan Village (of Erdu Township) and Yishi Village (of Yijiadu Town) is between 0.92 ~ 1.35 mu/person. The affected villagers are accustomed to make a living on the farmland, and lack other skills of making a living, so they would like to keep their traditional production mode and means of living. In the overall project planning, it is proposed to adjust 44.47mu cultivated land for 34 resettlers. 114

123 County Table Town(ship) (sub-district) Scheme for Resettlement by Economic Rehabilitation under Urban Flood Control Project in Shimen County Village (residential Group committee) Residual cultivated land per capita (mu/capita) Relocatees by economic rehabilitation In groups Cultivated land adjustment Out of group but in village Area Area Relocatees Group (mu) (mu) RelocateesArea (mu) 115 Cultivated land development Orchard development Species improvement in orchard Relocatees Area (mu) RelocateesArea Development of new orchards Fishpond Secondary and tertiary industries (mu) RelocateesArea Relocatees Relocatees (mu) Shimen Chujiang Yanjiaba st nd rd th th Huangni st nd rd th th Yonggu st nd Xinchang st nd rd

124 County Table Town(ship) (sub-district) Scheme for Resettlement by Economic Rehabilitation under Urban Flood Control Project in Shimen County Village (residential Group committee) Residual cultivated land per capita (mu/capita) Relocatees by economic rehabilitation In groups Cultivated land adjustment Out of group but in village Area Area Relocatees Group (mu) (mu) RelocateesArea (mu) 116 Cultivated land development Orchard development Species improvement in orchard Relocatees Area (mu) RelocateesArea 4 th Baota th th th Development of new orchards Fishpond Secondary and tertiary industries (mu) RelocateesArea Relocatees Relocatees (mu) Zhongdu st nd rd th Erdu Township Zhoutou nd st rd st Heyan st nd rd th Baofeng Yueyang

125 County Table Town(ship) (sub-district) Scheme for Resettlement by Economic Rehabilitation under Urban Flood Control Project in Shimen County Village (residential Group committee) Residual cultivated land per capita (mu/capita) Relocatees by economic rehabilitation In groups Cultivated land adjustment Out of group but in village Area Area Relocatees Group (mu) (mu) RelocateesArea (mu) Cultivated land development Orchard development Species improvement in orchard Relocatees Area (mu) RelocateesArea Development of new orchards Fishpond Secondary and tertiary industries (mu) RelocateesArea Relocatees Relocatees (mu) 1 st nd Tiangong st nd rd th th th Caoshi th th th th th Yijiadu Yishi rd th th th

126 After adjustment of cultivated land, the cultivated land per person in this group will be less. In order to keep relocaters living level developing as other villagers, it is necessary to develop fully the latent capacity of the remaining cultivated land, to insist the principle which is called that exchanging quality for quantity, and to enhance the yield and output value of the remaining cultivated land, as the cultivated land in the project scope are mainly drylands and located at side banks along the river presently, they are often inundated by flood, the actual yield is considerably low, and the flood standards will be improved after project implementation. In this project, together with the implementation of agricultural structure adjustment item, some agricultural technicians shall be hired to strengthen the agricultural technique training of rural relocaters and to guide them to fulfil the measures of improving low yield land, changing dry farmland into paddy field, rightly to enhance the elemental area output value and the cultivated land capacity, so as to fully and well rehabilitate the relocaters in this village with cultivated land adjustment in this villager s group. 2) Planning for Cultivated Land Adjustment Inside Village According to the investigation, the affected relocatees in another three villager groups in the project affected area like economic rehabilitation with cultivated land adjustment. Since the villager groups nearby have sufficient cultivated lands, so based on unified arrangement of villages, it is proposed to adjust 6.16mu concentrated cultivated lands with sound irrigation conditions nearby (with the farming distance within 1km~2km) by compensation to allocate to affected farmers, so as to relocate 6 persons. After adjustment of cultivated lands, though the cultivated land per capita in resettlement site was decreased, the local villagers can use the investment fund to ameliorate farming condition and improve planning level because of relatively abundant cultivate lands and adjustment with compensation, and consequently their production and livelihood will not be affected. 3) Development of Cultivated Lands According to the investigation, there is over 20mu wasteland in Yonggu Village available for development, and the affected villagers would like to develop it into paddy filed by construction of field supporting facilities and then allocate to them. It is proposed to develop 21mu cultivated land for resettling 17 affecter villagers in 2 groups in Yonggu Village. 4) Improvement of Species in Orchards Located in subtropical monsoon humid climate region, the project area is characterized by moderate climate, concentrated precipitation, dry summer and autumn, and long-lasting hotness. The local people have been engaged in orange planting for a long time, and have much enthusiasm. Based on the investigation, there are 1792mu various garden plots in village groups in project area, most of which are orange orchards. Due to little preliminary investment, outdated species, and aging of trees, about 30% ~ 40% of orange orchards have low production level and bad economic benefit. Therefore, the low-yield 118

127 orchards shall be reformed, the species shall be updated, the soil shall be improved, and the supporting water resources facilities shall be constructed, so as to improve the benefit per unit of orchards for resettling partial relocatees. It is proposed to improve species in 204mu orchards, with navel orange as the primary species to be improved, so as to relocate 136 persons. 5) Development of New Orchards According to the investigation, there are abundant mountainous regions in project area, including nearly 50mu flat lands suitable for forest in Tiangong Village in Baofeng Development Area. Principally consists of thick red soil, yellow red soil and mountainous yellow soil, the soil is loose and fertile, with sound permeability, gentle gradient, moderate humidity, and PH value of 4.5~5.5, which is suitable for development of high quality fruits. According to the wishes of affected villagers, it is proposed to develop and built high standard terraced orchards of 18mu on blocks of forest lands suitable for fruits production, so as to relocate 18 persons. The navel orange is the principal species in orchards, the terrace surface is 2.5m wide, the ditch is 1m both in depth and width, and the green dressing per mu is 5000kg. It is planned to construct brick-wood structure of 16m 2, one sentry, diversion channel of 300m, and mortar rubble section of 30cm 40cm. By technical training, the relocatees can grasp some planting techniques, and by strengthening the prevention of sickness and insects, the fertilization, the shearing, and other measures, the orchards can preliminarily produce fruits in the third year, and achieve 2000kg per mu in the fifth year (harvest period). After economic rehabilitation, the living standard of relocatees can reach the former level. 6) Breeding of Aquatic Products People in project area are experienced in fish farming, and the moderate climate and sufficient precipitation contribute to a favorable environment for fishes. Moreover, the rich aquatic products, complete species, sound quality of water source, and abundant food organisms bring a preferable condition for development of aquatic products. Based on the on-spot investigation and resettlers wishes, it is proposed to reform the collective hilly pond in Yueliang Village in Baofeng Development Area, and built 16mu standard fishponds to relocate 15 persons. 7) Resettlement by Secondary and Tertiary Industries According to the investigation, Huangni Village and Zhongdu Village in Chujiang Town are close to main urban area of Shimen County. In recent years, a great number of cultivated lands have been occupied due to urban expansion, so the cultivated land per capita is relatively less. Most labor forces have turned to engage in non-agricultural production, and grasped some business techniques and income sources, so they have relatively stable income. In these groups, based on the choice of most resettlers, the affected farmers will be relocated by being given cash compensation, and no cultivated lands will be adjusted in groups. With these compensation fees, the affected farmers can engage in secondary and 119

128 tertiary industries according to their wishes. During project implementation, the EA will verify whether they completely meet the self-employed conditions, and after signing the resettlement agreement, receiving the notarial certificate and going through other procedures, the resettlement subsidies will be directly paid to the self-employed persons Investment of Economic Rehabilitation 1) Farmland Readjustment In the project, the paddy field will be the principal part of paid-for farmland adjustment. As it is proposed to adjust 14.75mu farmland in groups and 27.08mu farmland out of groups but in village, the cost for such land adjustment will be RMB million yuan based on unit compensation price (RMB yuan/mu) for paddy field in project area. 2) Farmland Development Based on currently local price level and the development situation of similar items under other provincial projects, the fund of RMB 8613 yuan shall be invested in one time for each mu of newly developed farmland (paddy filed). For details, please see Table It is proposed to develop 21mu farmland in project area, which needs the investment of RMB million yuan. Analysis on Unit Price of Investment in Farmland Development under Urban Flood Control Project in Shimen County Table Item Sub-item Unit Qty. Unit Price (yuan) Fund (yuan) 1. Site clearance 1500 Land leveling Workday Slag clearance m Land development 1934 Earth filling in bottom layer Earth filling in surface layer m m Farmland harnessing mu Supporting hydro-facilities Diversion tube Concrete tube m φ30 tube 3.2 Irrigation canal 768 Earth excavation m M5 cement mortar rubble Cement surfacing mortar m m Remarks Transport distance shall be calculated based on 200m. 10cm thick for bottom earth, and 400m for transport distance Only calculate freight, 2km for average transport distance Including dividing farmland blocks into hill,,and laying ridge 120

129 Analysis on Unit Price of Investment in Farmland Development under Urban Flood Control Project in Shimen County Table Item Sub-item Unit Qty. Unit Price (yuan) Fund (yuan) 3.3 Field drainage Anthropogenic mellowing of soil and others 5. Compensation for borrow area Earth excavation m M5 cement mortar rubble Cement surfacing mortar Human and animal manure m m Ton N and P fertilizer Ton Other fertilizers Mu Labor force Mu Total investment 8613 Remarks 3) Improvement of Species in Orchards Based on currently local price level and the development situation of similar items in other reservoir areas in Hunan Province, the fund worth of RMB 5721 yuan shall be invested in one time for changing each mu of low-yield orchard into navel orange. For details, please see Table It is proposed to change 204mu orchards in project area, which requires investment of RMB million yuan. Analysis on Investment in Unit Area for Improvement of Species in Orchards Table Item Unit Unit Price (yuan) Species Improvement Qty. Amount (yuan) 1. Newly developed terrace 1160 Mountain chop, preliminary reclamation and site workday clearance Trench lift, terrace leveling, and cave digging Workday Green manuring Kg Preparation and expense for value set Fertilize fixed-value basal manure 769 Remarks 121

130 Analysis on Investment in Unit Area for Improvement of Species in Orchards Table Item Unit Unit Price (yuan) Species Improvement Qty. Amount (yuan) bean cake fertilizer Kg chemical fertilizer Kg farmyard manure T Calcareousness Kg Value set for nursery stock (including watering Workday root fix water) 2.3 Nursery stock expense Piece Path in orchard Water resources facilities Foster fee and overhead (including filling the gaps with seedlings) (5 years) 6. Technical service fee 7. Contingency fee Total Remarks 1 small water (manure) pond for each mu Based on 5% of total of Items 1~5 Based on 5% of total of Items 1~6 4) Development of New Orchards Based on currently local price level and the development situation of similar items under other provincial projects, the fund of RMB 8184 yuan shall be invested in one time for developing each mu of orchard, which includes RMB 6620 yuan of orchard construction fee, RMB 765 yuan for materials for orchard construction, RMB 1464 yuan of foster fee and overhead, and RMB 100 yuan for supporting facilities in orchard. For details, please see Table It is proposed to develop 18mu orchards in project area, which requires investment of RMB million yuan. Calculation of Investment in Construction of Each mu of New Orchards Table Item Unit Unit price Qty. Investment (yuan) (yuan) Total Orchard establishment fee Fee for labor force 5855 Forestland clearance Workday Fully cut and burned Remarks Reclamation m m wide for terrace surface, completely digging and reclamation 122

131 Calculation of Investment in Construction of Each mu of New Orchards Table Item Unit Unit price Qty. Investment (yuan) (yuan) Remarks for 20cm, completely digging butt and ruderal Trench lift m Lift trench of 267m for each mu, 1m both for wideth and depth Backfill m Backfill the surface soil to the place in 50cm depth Filling of base manure Workday Formation Workday Change the lifted trench to horizontal terrace Seedling planting Workday Auxiliary workday Workday Quality check and acceptance, line layout, plant fix and setting out Dry stone masonry m Investment in materials for orchard construction 765 Green manuring Kg Fee for nursery stock Piece Farmyard manure T Complex manure Kg Carbamide Kg Agricultural chemical and machinery 2. Labor force for foster and management 2.1 Foster Workday Branch shearing Workday Sickness and insect prevention and cure 50 Workday Fertilizer 648 Complex manure kg Carbamide kg Expense for agricultural chemical 3. Supporting facilities in orchard 1464 Forster twice a year, and breeding and management for 2 years 150 Yuan 100 5) Breeding of Aquatic Products Based on the typical analysis and calculation of fishpond project, and the development situation of similar items in other reservoir areas, the fund of RMB 9340 yuan shall be invested in one time for developing each mu of fishpond for aquatic products breeding. For details, see Table It is proposed to develop 15mu fishponds in project area, which requires the investment of RMB million yuan. 123

132 Analysis on Unit Price of Investment in Fishpond Table Item Unit Qty. Unit price (yuan) Investment (yuan) Remarks 1. Project investment The typical analysis is made 1.1. Site clearance Workday based on the fishpond project in 1.2. earth excavation m nd Group in Yueliang Village in 1.3. earth filling m Baofeng Development Area, and 1.4. Slope protection m mu fishponds will be 1.5. inlet channel M developed Drainage sluice net m Supporting facilities facility 2.1. pumping facility Set oxygen increase Set Fishery cost fish seed Kg feedingstuff Kg medicine Kg Technical service fee 4659 Based on 5% of total of Items 1~3 5. Contingency fee 4892 Based on 5% of total of Items 1~4 6. total investment Investment in unit area Yuan/mu ) Resettlement by Secondary and Tertiary Industries The proposed secondary and tertiary industries are principally the non-agricultural production projects chosen by the affected persons themselves. After obtaining cash compensation, they can be self-employed, and the compensation standard is determined based on the degree of land loss among affected people, averaging about RMB 10,000 yuan/person. It is proposed to resettle 72 persons by developing secondary and tertiary industries, which requires the investment of RMB 0.72 million yuan. 7) Total Investment for Economic Rehabilitation Based on the above analysis and calculation, a total of RMB million yuan shall be invested for economic rehabilitation in project area. For details, please see Table

133 Table Estimate of Proposed Investment for Economic Rehabilitation Unit Investment Item Unit price Qty. (10000 yuan) (yuan) Total Adjustment of paddy field Remarks 1.1. in-group adjustment Mu For 34 relocatees 1.2. out-of-group adjustment Mu For 6 relocatees 1.3. Development of cultivated land Mu For 17 relocatees 2. Development of orchards Mu Improvement of species in orchard Mu For 136 relocatees 2.2. Development of new orchards Mu For 18 relocatees 3. Development of aquatic products breeding Mu For 15 relocatees 4. Resettlement by secondary and tertiary industries Person For 72 relocatees Balance between Land Compensation Fee and Economic Rehabilitation Investment According to the relative resettlement articles: The land compensation and resettlement subsidies, is used by the institutions with land acquired, for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition, livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unitedly allocated by the county (city) for land development, production and livelihood resettlement for resettlers. But these special funds must be used for the specific purpose. The funds shall not be privately shared or used for other purposes. In case that the land compensation and resettlement subsidies can not meet the requirements of production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers production and resettlement, must be equal to or a little more than the total investment of economic rehabilitation. Under the project, the compensation fee and resettlement subsidy for permanent land acquisition is RMB million yuan in total (see Table for details), and the investment for economic rehabilitation is RMB million yuan, with the former one a little more than required investment for economic rehabilitation. This indicates that the land compensation standard is considerably suitable, and can meet the fund requirement of economic rehabilitation. The fund margins can be unitedly used for continuous development by each village group, such as launching village-owned enterprises, land resources development and used as fund investment for other projects as improving low-yield farmland and converting dry farmland to paddy fields, etc., to ensure that the livelihood level of the resettlers reaches or exceeds their previous standard.

134 Forecast of Economic Income Level Resettlement production development means to combine resettlement with project construction, resource exploitation, soil and water conservation and economic development and make resettlement production reach or exceed intrinsic living condition step by step. Planning scheme of production development is brought out on the basis of natural and social economic characters of project region and collecting opinions of resettlement. Analysis of output profits of its developing items is as follows: 1) Adjustment of paddy field: The annually average income from paddy field can reach RMB yuan/mu, based on RMB 1350 yuan/mu of annually average output value of paddy field and deduction of 25% of material loss during output period. It is proposed to adjust 50.63mu paddy fields in project area, which will bring out net income of RMB 51.3 thousand yuan. 2) Development of cultivated land: As the income of RMB yuan can be increased annually from development of each mu of paddy field, so it is proposed to develop 21mu paddy fields in project area, and consequently increase the income of 21.3 thousand yuan. 3) Improvement of species in orchards: The former low-yield garden plots can be changed to navel orange orchard by top grafting, species change, or reconstruction of orchards. In normal benefit period, the average output per mu can be increased by 500kg, so the net output value can be increased by RMB 1000 yuan based on RMB 2.00 yuan/kg. Due to the on-year and off year of fruit trees of citrus species, in addition to greatly fluctuant fruit market, the benefit is expected to be RMB 850 yuan per mu considering the risk coefficient of It is proposed to improve species in orchard of 204mu, and the income of RMB million yuan can be increased. 4) Development of new orchards: In normal benefit period, the output from each mu of newly developed orchard can reach 1500kg, and the net output value will be RMB 1850 yuan based on RMB 2.00yuan/kg and deduction of operational cost in normal year and former land benefit (RMB 1150 yuan). Due to the on-year and off year of fruit trees of citrus species, in addition to greatly fluctuant fruit market, the benefit is expected to be RMB 1573 yuan per mu considering the risk coefficient of It is proposed to develop new orchards of 18mu, and the income of RMB 28.3 thousand yuan can be increased. 5) Breeding of aquatic products: The benefit from aquatic products breeding can be achieved in the same year, the annually average output of fishpond can reach 400kg/mu, and the annually average net income can be increased by RMB 580yuan/mu deducted with the normal production and operational cost and the former land benefits. It is proposed to develop 16mu fishpond, and the income of RMB 9.3 thousand yuan can be increased. In project area, the current income per capita of RMB yuan/person in townships and towns will be affected by land acquisition and demolition, among which the agricultural income only accounts for 126

135 16.61% of total income, or RMB yuan/person. According to the analysis and calculation of scale and output benefit of production development project, the net income of RMB million yuan can be achieved from project development in project area in normal year (normal benefit period). Based on 226 persons (excluding 72 persons to be relocated by secondary and tertiary industries) engaged in agricultural economic rehabilitation, the agricultural income per capita can reach RMB yuan, much more than current agricultural income per capita, so it can meet the proposed resettlement objectives in project area Rehabilitation Measures for Resettlers Economic Income The project implementation agency will offer help and support to the resettlers as much as possible during the whole course of resettler livelihood recovery in this project. They include 1) Distribute resettlement subsidy and help resettlers to become self-employed. Any labor output project in the county area will give priority to the affected persons. 2) Strengthen the training of production skills for resettlers and invite experienced specialists to train the resettlers to develop cultivation industry and livestock breeding industry. 3) Give first priority to the resettlers when hire labour for the project construction. According to the design of this project construction organization, the project construction will totally take up million working days with labor force, and will afford some employment chances including land leveling and landscape works. Though some project tasks will be temporary, the income of these employees, according to income survey of the same work type in Shimen County, will be RMB 800~1500 Yuan/month. So the local resettlers will be given short-term incomes which will be useful to enhancing living level of affected people and restoring their income and livelihoods Resettlement Villages Planning The resettlement planning is different from village to village because of the different impact caused by project construction and difference in land requisition, resources structure, and infrastructural facilities conditions. According to that the resettlers rehabilitation plan is carried out on the basis of the villages with economic rehabilitation task, the resettlement planning of each affected village (excluding the impact of temporary land occupation) are elaborated as follows: Yanjiaba Village of Chujiang Town Yanjiaba Village is an administrative village subordinated to Chujiang Town of Shimen County located in the north bank of Lishui River, east of the county and with 1.5km away from the county center. The village borders on Xinchang Village of Chujiang Town in the east, Baota Residential Committee of Chujiang Town in the west and Shaigu Village of Chujiang Town in the north. The whole village is composed of 14 villager s groups and has 580 households with 1,799 persons, among which 530 households with 1,569 persons are agricultural population, and the other 50 households with

136 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,095 yuan, mainly from the second and third industries. There are 2 village-run enterprises, one precasting factory and one fishing ground. 70 households with the proportion of 12.07% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 42%, and about 110 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the processing industry. The agriculture in Yanjiaba Village focuses on planting two-crop paddy, rape, vegetable and oranges. At present, the total cultivated land in the whole village is only 639 mu, of which 200 mu of paddy field, 333 mu of dry farmland and 106 mu of vegetable land, and the existing per capita cultivated land of the agricultural population is 0.41 mu. The land acquisition of the project will actually affect 102 households with 286 persons, of which, 51 households with 156 persons are affected by house demolition; the cultivated land requisitioned is 31 mu, of which 0.8 mu of paddy field, 14.2 mu of dry farmland and 16 mu of vegetable land, covering 5 villager s groups. The cultivated land per capita after land requisition is 0.39 mu, 0.02 mu less than that before the land requisition, with the occupied proportion being 4.85%. According to the field investigation, the land resource in Yanjiaba Village is relatively insufficient, and the contracted cultivated land of a number of households are almost occupied in the project, therefore, the land acquisition may have relatively large impact on these households. For the details of the cultivated land acquisition in Yanjiaba Village, see the table

137 Table Villager sagricultural group population Cultivated Land Acquisition Each Villager s Group in Yanjiaba Village Existing cultivated land area (mu) Existing per capita Subtotal Paddy Dry field farmland Commercial cultivated vegetable land Subtotal Paddy field land (mu/person) Occupied ruled cultivated land area(mu) Dry farmland Commercial vegetable land Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: The village has 406 mu of orange garden, 120 mu of which belongs to the collective. Due to the lack of administration, and because of the low investment in the early stage, the old-fashion orange category and the aging of the fruit trees, these orange gardens are now of low production level and bad economic efficiency. It is planned to meliorate 108 mu of low-yield fruit garden, renew the categories and improve the soil and water conservancy supporting by the village collective, and then distribute to the affected villagers. Relocation and Reconstruction Plan: Because the village is near the old urban district of Shimen County, based on the resettlers will, and the 51 households with 156 persons affected by the house demolition accepted the cash compensation resettlement, the project will, according to the relating policies, provide cash compensation of house demolition to the relocated householders, who can purchase new houses by themselves. During the implementation of the project, the local government will supply the housing sources to the resettlers, and the project implement agency and the residential 129

138 committee will provide relocation subsidy and necessary assistance Huangni Residential Committee of Chujiang Town Huangni Residential Committee is a street residential committee subordinated to Chujiang Town of Shimen County located in the south bank of Lishui River, east of the county and with 1.5km away from the county. The residential committee borders on Zhongdu Village of Chujiang Town in the east, and Shuangtu Village of Chujiang Town in the south. The whole residential committee is composed of 8 villager s groups and has 437 households with 1,223 persons, among which 375 households with 983 persons are agricultural population, and the other 62 households with 240 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,254 yuan, mainly from the second and third industries. The proportion of labor force in the residential committee is 61%, and about 260 persons are working outside mainly in the Guangdong, Shenzhen, Zhejiang, Shanghai, etc., engaging in the industries such as textile, construction, private business, etc. The agriculture in Huangni Residential Committee focuses on planting two-crop paddy, rape, vegetable and oranges. At present, the total cultivated land in the whole residential committee is only 437 mu, of which 220 mu of paddy field and 217 mu of dry farmland, and the existing per capita cultivated land of the agricultural population is 0.44 mu. The land acquisition of the project will actually affect 24 households with 76 persons, of which, 1 household with 3 persons are affected by house demolition; the cultivated land requisitioned in the whole residential committee is 12.9 mu, of which 0.9 mu of paddy field and 12 mu of dry farmland, covering 5 villager s groups. The cultivated land per capita after land requisition is 0.43 mu, 0.01 mu less than that before the land requisition, with the occupied proportion being 2.95%. According to the field investigation, the land acquisition in some villager s groups are relatively concentrated, and the contracted cultivated land of a number of households are almost occupied in the project, therefore, the land acquisition may have relatively large impact on these households. For the details of the cultivated land acquisition in Huangni Residential Committee, see the table

139 Cultivated Land Acquisition Each Villager s Group in Huangni Residential Committee Table Villager s group Agricultural population Existing cultivated land (mu) Existing per capita Subtotal Paddy field Dry farmland cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: Because the residential committee is near the urban district of Shimen County, most of the labor force have turned to the non-agricultural production, through which they have mastered certain business skill and income means and have relatively stable income source, therefore, according to the selection of most of the resettlers, it is planned to carry out the direct cash compensation for the affected households, and no cultivated land will be adjusted within the groups. The affected farmers can utilize the compensation and select the second or third industries by themselves. Relocation and Reconstruction Plan: Based on the resettlers will, and the 1 household with 3 persons in the residential committee affected by the house demolition accepted the cash compensation resettlement, the project will, according to the relating policies, provide cash compensation of house demolition to the relocated householders, who can purchase new houses by themselves. During the implementation of the project, the local government will supply the housing sources to the resettlers, and the project implement agency and the residential committee will provide relocation subsidy and necessary assistance Yonggu Village of Chujiang Town Yonggu Village is an administrative village subordinated to Chujiang Town of Shimen County located in 131

140 the north bank of Lishui River, east of the county and with 3.5km away from the county. The village borders on Yishi Village of Yijiadu Town in the east, Xinchang Village of Chujiang Town in the west and Liujiaping Village of Chujiang Town in the north. The whole village is composed of 5 villager s groups and has 695 households with 1,875 persons, among which 610 households with 1,473 persons are agricultural population, and the other 85 households with 402 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,270 yuan, mainly from the second and third industries. 150 households with the proportion of 21.58% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 65%, and about 350 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the industries such as electronics, construction, etc. The agriculture in Yonggu Village focuses on planting two-crop paddy, rape and oranges. At present, the total cultivated land in the whole village is only mu, of which mu of paddy field and mu of dry farmland, and the existing per capita cultivated land of the agricultural population is 0.61 mu. The land acquisition of the project will actually affect 9 households with 31 persons, with no house demolition included in; the cultivated land requisitioned is 14 mu which is all dry farmland, covering 2 villager s groups. The cultivated land per capita after land requisition is 0.6 mu, 0.01 mu less than that before the land requisition, with the occupied proportion being 1.56%. According to the field investigation, the land acquisition in some villager s groups are relatively concentrated, and the contracted cultivated land of a number of households are almost occupied in the project, therefore, the land acquisition may have relatively large impact on these households. For the details of the cultivated land acquisition in Yonggu Village, see the table Cultivated Land Acquisition Each Villager s Group in Yonggu Village Table Villager s group Agricultural population Existing cultivated land (mu) Existing per capita Subtotal Paddy field Dry farmland cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%)

141 Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: There is about 20 mu of wasteland at the Xujiagang section of the village which is suitable as cultivated land, so it is planned to develop 21 mu of paddy field out of that through building some supporting facilities by the village collective, and respectively contracted to the affected farmers in the 1 st and 2 nd villager s groups Xinchang Village of Chujiang Town Xinchang Village is an administrative village subordinated to Chujiang Town of Shimen County located in the north bank of Lishui River, east of the county and with 3km away from the county. The village borders on Yonggu Village of Chujiang Town in the east, Yanjiaba Village of Chujiang Town in the west and Shaigu Village of Chujiang Town in the north. The whole village is composed of 11 villager s groups and has 425 households with 1,212 persons, among which 375 households with 854 persons are agricultural population, and the other 50 households with 358 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,184 yuan, mainly from the second and third industries. 70 households with the proportion of 16.5% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 52%, and about 150 persons are working outside mainly in the Guangdong, etc., engaging in the processing industry. The agriculture in Xinchang Village focuses on planting two-crop paddy, rape and oranges. At present, the total cultivated land in the whole village is only 330 mu, of which 100 mu of paddy field and 230 mu of dry farmland, and the existing per capita cultivated land of the agricultural population is 0.39 mu. The land acquisition of the project will actually affect 32 households with 101 persons, of which, 11 households with 38 persons are affected by house demolition; the cultivated land requisitioned is 13.6 mu, of which 0.6 mu of paddy field and 13 mu of dry farmland, covering 4 villager s groups. The cultivated land per capita after land requisition is 0.37 mu, 0.02 mu less than that before the land requisition, with the occupied proportion being 4.12%. According to the field investigation, the project will have relatively large impact on some households. For the details of the cultivated land acquisition in Xinchang Village, see the table

142 Cultivated Land Acquisition Each Villager s Group in Xinchang Village Table Villager s group Agricultural population Existing cultivated land (mu) Existing per capita Subtotal Paddy field Dry farmland cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: According to the affected farmers will, cash compensation will be adopted for the households with land being requisitioned, sufficient resettlement compensation fees will be provided for the households in accordance with national relevant policies, and the land will not be adjusted within the group. These affected households plan to utilize the compensation to meliorate the 52.5 mu of orange garden they contracted, for increasing the economic efficiency. Relocation and Reconstruction Plan: Because the village is near the old urban district of Shimen County, based on the resettlers will, and the 11 households with 38 persons affected by the house demolition accepted the cash compensation resettlement, the project will, according to the relating policies, provide cash compensation of house demolition to the relocated householders, who can purchase new houses by themselves. During the implementation of the project, the local government will supply the housing sources to the resettlers, and the project implement agency and the residential committee will provide relocation subsidy and necessary assistance Baota Residential Committee of Chujiang Town Baota Residential Committee is a street residential committee subordinated to Chujiang Town of 134

143 Shimen County located in the south bank of Lishui River, east of the county and with 1km away from the county. The residential committee borders on Yueliang Village of Baofeng Development Zone in the east, Zhongdu Village of Chujiang Town in the west and Shuangtu Village of Chujiang Town in the south. The whole residential committee is composed of 14 villager s groups and has 2,256 households with 8,799 persons, among which 151 households with 520 persons are agricultural population, and the other 2,105 households with 8,279 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,970 yuan, mainly from the second and third industries. The residential committee has 8 village-run enterprises, respectively are the precasting plant, sand plant, slaughtering plant, construction company, seeds company, woodwork factory and print house. 465 households with the proportion of 20.62% in the residential committee engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the residential committee is 55%, and about 300 persons are working outside mainly in the Guangdong, Shenzhen, Zhejiang, Shanghai, etc., engaging in the industries such as textile, construction, private business, etc. The agriculture in Baota Residential Committee focuses on planting two-crop paddy, rape, vegetable and oranges. At present, the total cultivated land in the whole residential committee is only 773 mu, of which 732 mu of dry farmland and 41 mu of vegetable land. Because most of the habitants have turned to non-agricultural production, the existing per capita cultivated land of the agricultural population is 1.49 mu. The land acquisition of the project will actually affect 77 households with 242 persons, among which 62 households with 206 persons which are all urban habitants are affected by the house demolition; the cultivated land requisitioned is 32.3 mu, of which 16.3 mu of dry farmland and 16 mu of commercial vegetable land, covering 3 villager s groups. The cultivated land per capita after land requisition is 1.42 mu, 0.07 mu less than that before the land requisition, with the occupied proportion being 4.18%. According to the field investigation, the surplus cultivated land in the residential committee is relatively sufficient because most of the local habitants had given up the agricultural cultivation, therefore, the land acquisition may have small impact on the local farmers. For the details of the cultivated land acquisition in Baota Residential Committee, see the table

144 Cultivated Land Acquisition Each Villager s Group in Baota Residential Committee Table Villager s group Agricultural population Existing cultivated land (mu) Existing per capita Commercial cultivated Dry Subtotal vegetable land farmland land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Commercial Dry vegetable farmland land Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: The existing land resource in Baota Residential Committee is rather sufficient, the per capita cultivated land of the agricultural population in the 5 villager s groups such as 5 th, 6 th and 7 th groups, etc. after land acquisition is among 1.08~1.35mu/person. Therefore, it is planned to adopt partial land adjustment within the groups. The land compensation fees will belong to the village collective, and the resettlement fee will be distributed to the land contractors who provide the cultivated land for adjustment. Relocation and Reconstruction Plan: Based on the resettlers will, and the 62 households with 206 persons affected by the house demolition accepted the cash compensation resettlement, the project will, according to the relating policies, provide cash compensation of house demolition to the relocated householders, who can purchase new houses by themselves. During the implementation of the project, the local government will supply the housing sources to the resettlers, and the project implement agency and the residential committee will provide relocation subsidy and necessary assistance. 136

145 Zhongdu Residential Committee of Chujiang Town Zhongdu Residential Committee is a street residential committee subordinated to Chujiang Town of Shimen County located in the south bank of Lishui River, east of the county and with 1km away from the county. The residential committee borders on Baota Residential Committee of Chujiang Town in the east, Huangni Residential Committee of Chujiang Town in the west and Shuangtu Village of Chujiang Town in the south. The whole residential committee is composed of 6 villager s groups and has 3,825 households with 12,398 persons, among which 209 households with 720 persons are agricultural population. The net income of per capita in 2004 was RMB 2,802 yuan, mainly from the second and third industries. About 300 persons of the residential committee are working outside mainly in the Guangdong, Shenzhen, Zhejiang, Shanghai, etc., engaging in the industries such as textile, construction, private business, electronics, etc. The agriculture in Zhongdu Residential Committee focuses on planting two-crop paddy, rape, vegetable and oranges. At present, the total cultivated land in the whole residential committee is only 251 mu, of which 92.3 mu of paddy field and mu of dry farmland, The existing per capita cultivated land of the agricultural population is 0.35 mu. Most of the habitants have turned to non-agricultural production The land acquisition of the project will actually affect 20 households with 60 persons, among which 1 household with 4 persons which are all urban habitants are affected by the house demolition; the cultivated land requisitioned is 11.3 mu, which is all dry farmland, covering 4 villager s groups. The cultivated land per capita after land requisition is 0.33 mu, 0.02 mu less than that before the land requisition, with the occupied proportion being 4.5%. According to the field investigation, most of the local habitants of the residential committee had given up the agricultural cultivation; therefore, the land acquisition may have small impact on the local farmers. For the details of the cultivated land acquisition in Zhongdu Residential Committee, see the table Cultivated Land Acquisition Each Villager s Group in Zhongdu Residential Committee Table Villager s group Agricultural population Existing cultivated land (mu) Subtotal Paddy field Dry farmland Existing per capita cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%)

146 Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: Because the residential committee is near the urban district of Shimen County, most of the labor force have turned to the non-agricultural production, through which they have mastered certain business skill and income means and have relatively stable income source, therefore, according to the selection of most of the resettlers, it is planned to carry out the direct cash compensation for the affected households, and no cultivated land will be adjusted within the groups. The affected farmers can utilize the compensation and select the second or third industries by themselves. Relocation and Reconstruction Plan: Based on the resettlers will, and the 1 household with 4 persons affected by the house demolition accepted the cash compensation resettlement, the project will, according to the relating policies, provide cash compensation of house demolition to the relocated householders, who can purchase new houses by themselves. During the implementation of the project, the local government will supply the housing sources to the resettlers, and the project implement agency and the residential committee will provide relocation subsidy and necessary assistance Zhoutou Village of Erdu Township Zhoutou Village is an administrative village subordinated to Erdu Township of Shimen County located in the south bank of Lishui River, east of the county and with 7km away from the county. The village borders on Heyan Village of Erdu Town in the east, Caoshi Village of Baofeng Development Zone in the west and Yangping Village of Jiashan Township in the south. The whole village is composed of 6 villager s groups and has 297 households with 965 persons, among which 286 households with 930 persons are agricultural population, and the other 11 households with 35 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,340 yuan, mainly from the second and third industries. 30 households with the proportion of 10.1% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 60%, and about 150 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the industries such as construction, fabrication, etc. The agriculture in Zhoutou Village focuses on planting two-crop paddy, rape, and oranges. At present, the total cultivated land in the whole village is only 846 mu, of which 321 mu of paddy field and 525 mu of dry farmland. The existing per capita cultivated land of the agricultural population is 0.91 mu. The land acquisition of the project will actually affect 4 households with 10 persons, among which 2 households with 5 persons are affected by the house demolition; the cultivated land requisitioned is 2.7 mu which is all dry farmland, covering 2 villager s groups. The cultivated land per capita after land 138

147 requisition is 0.91 mu, with the occupied proportion being 0.32%. According to the field investigation, the land resource in the village is relatively sufficient and the occupied cultivated land is not large, so the land acquisition may have small impact on the local farmers. For the details of the cultivated land acquisition in Zhoutou Village, see the table Cultivated Land Acquisition Each Villager s Group in Zhoutou Village Table Villager s group Agricultural population Existing cultivated land (mu) Subtotal Paddy field Dry farmland Existing per capita cultivated land (mu/person)) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: The cultivated land resource in the 1 st group of the village is relatively sufficient, and some land contractors who have engaged in the second and third industries such as catering, clothing, goods, etc. do not want to undertake agricultural cultivation. By extensive consultation with the affected farmers and the people in the second and third industries, it is planned to adjust 3.04 mu of compensated paddy field from the 1 st group and distribute to the affected farmers of the 2 nd and 3 rd groups. The resettlement fees will be directly paid to the land contractors participated in the cultivated land adjustment, for their developing of the second and third industries or enlarging their business. Relocation and Reconstruction Plan: On the basis of the resettlers will, the committee of the village determined that 2 households with 5 persons will be resettled within the existing village groups by means of scattered and moving-back resettlement based on the housing plot arranged by the village collective. The rebuilt housing plot standard will be 180m 2 /household. The resettlers can build and demolish houses by themselves, the losing property will be compensated in accordance with related 139

148 policies, provide livelihood subsidy for the moving conveyance fee, matched infrastructural facilities fee for the new housing plot. In the process of resettlement, the project implementation agency and village committee will provide necessary assistance Heyan Village of Erdu Township Heyan Village is an administrative village subordinated to Erdu Township of Shimen County located in the south bank of Lishui River, east of the county and with 7.5km away from the county. The village borders on Heyan Village of Erdu Town in the west, and Yangping Village of Jiashan Township in the south. The whole village is composed of 7 villager s groups and has 122 households with 364 persons, which are all agricultural population. The net income of per capita in 2004 was RMB 2,060 yuan, mainly from the second and third industries. The proportion of labor force in the village is 62%, and about 60 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the industries such as construction, fabrication, electronics, etc. The agriculture in Heyan Village focuses on planting two-crop paddy, rape, and oranges. At present, the total cultivated land in the whole village is only 390 mu, of which 150 mu of paddy field and 240 mu of dry farmland. The existing per capita cultivated land of the agricultural population is 1.07 mu. The land acquisition of the project will actually affect 4 households with 9 persons, with no house demolition included in; the cultivated land requisitioned is 5.7 mu which is all dry farmland, covering 4 villager s groups. The cultivated land per capita after land requisition is 1.06 mu, with the occupied proportion being 1.46%. According to the field investigation, the land resource in the village is relatively sufficient and the occupied cultivated land is scattered and not large, so the land acquisition may have small impact on the local farmers. For the details of the cultivated land acquisition in Heyan Village, see the table Table Villager s group Agricultural population Cultivated Land Acquisition Each Villager s Group in Heyan Village Existing cultivated land (mu) Subtotal Paddy field Dry farmland Existing per capita cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village 140

149 made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: The village is rich in land resource, and the per capita cultivated land after land acquisition in all villager s groups is over 1 mu, so it is planned to carry out the partial cultivated land adjustment within the groups. The land compensation fees will belong to the village collective, and the resettlement fee will be distributed to the land contractors who provide the cultivated land for adjustment Yueliang Village of Baofeng Development Zone Yueliang Village is an administrative village subordinated to Baofeng Development Zone of Shimen County located in the south bank of Lishui River, southeast of the county and with 2km away from the county. The village borders on Tiangong Village of the development zone in the east, Shuangtu Village of Chujiang Town in the west and Yueliang Water Reservoir in the south. The whole village is composed of 9 villager s groups and has 336 households with 1,030 persons, among which 296 households with 847 persons are agricultural population, and the other 40 households with 183 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,080 yuan, mainly from the second and third industries. 50 households with the proportion of 14.88% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 50%, and about 180 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the industries such as construction, transportation, fabrication, etc. The agriculture in Yueliang Village focuses on planting two-crop paddy, rape, and oranges. At present, the total cultivated land in the whole village is only 439 mu, of which 190 mu of paddy field and 249 mu of dry farmland. The existing per capita cultivated land of the agricultural population is 0.52 mu. The land acquisition of the project will actually affect 13 households with 39 persons, among which 8 households with 20 persons are affected by the house demolition; the cultivated land requisitioned is 11.2 mu, of which 9 mu of dry farmland and 2.2 mu of vegetable land, covering 2 villager s groups. The cultivated land per capita after land requisition is 0.51 mu, 0.01 mu less than that before the land acquisition, with the occupied ruled proportion being 2.55%. According to the field investigation, the land acquisition in the village is relatively concentrated, and the contracted cultivated land of some households are almost occupied in the project, therefore, the land acquisition may have relatively large impact on these households. For the details of the cultivated land acquisition in Yueliang Village, see the table

150 Cultivated Land Acquisition Each Villager s Group in Yueliang Village Table Villager sagricultural group population Subtotal Paddy field Existing cultivated land (mu) Dry farmland Existing per capita Commercial cultivated vegetable land land (mu/person) Occupied ruled cultivated land area(mu) Dry Subtotal farmland Commercial vegetable land Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: There are two ponds at the Majiagang and Yangjiagang sections in the village, with the water area being 16 mu. It is planned to meliorate a fishing ground out of the ponds by the village collective, and respectively distribute to the affected farmers of the 1 st and 2 nd villager s groups. Relocation and Reconstruction Plan: On the basis of the resettlers will, the committee of the village determined that 8 households with 20 persons will be resettled within the existing village groups by means of scattered and moving-back resettlement based on the housing plot arranged by the village collective. The rebuilt housing plot standard will be 180m 2 /household. The resettlers can build and demolish houses by themselves, the losing property will be compensated in accordance with related policies, provide livelihood subsidy for the moving conveyance fee, matched infrastructural facilities fee for the new housing plot. In the process of resettlement, the project implementation agency and village committee will provide necessary assistance Tiangong Village of Baofeng Development Zone Tiangong Village is an administrative village subordinated to Baofeng Development Zone of Shimen County located in the south bank of Lishui River, southeast of the county and with 4km away from the county. The village borders on Yueliang Village of the development zone in the east, Chenshici Village of the development zone in the west and Yueliang Water Reservoir in the south. The whole village is 142

151 composed of 14 villager s groups and has 435 households with 1,328 persons, among which 418 households with 1,248 persons are agricultural population, and the other 17 households with 80 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,100 yuan, mainly from the second and third industries. 50 households with the proportion of 11.5% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 65%, and about 200 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the industries such as construction, fabrication, etc. The agriculture in Tiangong Village focuses on planting two-crop paddy, rape, and oranges. At present, the total cultivated land in the whole village is only mu, of which 402 mu of paddy field and mu of dry farmland. The existing per capita cultivated land of the agricultural population is 0.57 mu. The land acquisition of the project will actually affect 19 households with 59 persons, with no house demolition included in; the cultivated land requisitioned is 14.9 mu, of which 1.2 mu of paddy field and 13.7 mu of dry farmland, covering 6 villager s groups. The cultivated land per capita after land requisition is 0.55 mu, 0.02 mu less than that before land acquisition, with the occupied proportion being 2.11%. According to the field investigation, though the affected households will lose part of their cultivated land at different degree due to the land acquisition, the surplus land for most households will not be too little because of the stripe-like distribution of cultivated land along the Lishui River, so the land acquisition will not have large impact on the livelihood and production of most local farmers. For the details of the cultivated land acquisition in Tiangong Village, see the table Cultivated Land Acquisition Each Villager s Group in Tiangong Village Table Villager s group Agricultural population Existing cultivated land (mu) Subtotal Paddy field Dry farmland Existing per capita cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%)

152 Cultivated Land Acquisition Each Villager s Group in Tiangong Village Table Villager s group Agricultural population Existing cultivated land (mu) Subtotal Paddy field Dry farmland Existing per capita cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: 1The village has 108 mu of orange garden, 30 mu of which belongs to the collective. Due to the lack of administration, and because of the low investment in the early stage, the old-fashion orange category and the aging of the fruit trees, these orange gardens are now of low production level and bad economic efficiency. It is planned to meliorate 22.5 mu of low-yield fruit garden, renew the categories and improve the soil and water conservancy supporting by the village collective, and then distribute to the affected villagers of the 1 st, 2 nd and 3 rd villager s groups. 2There is nearly 20 mu of flat wasteland at the Wanyu section of the village which is suitable as fruit garden, so it is planned to develop 18 mu of high-standard flat ladder fruit garden out of that by the village collective, and respectively contracted to the affected farmers in the 4 th, 6 th and 7 th villager s groups Caoshi Village of Baofeng Development Zone Caoshi Village is an administrative village subordinated to Baofeng Development Zone of Shimen County located in the south bank of Lishui River, east of the county and with 4km away from the county. The village borders on Chenshici Village of the development zone in the east, Tiangong Village of the development zone in the west and Xianfeng Village of Erdu Township in the south. The whole village is composed of 12 villager s groups and has 494 households with 1,669 persons, among which 461 households with 1,518 persons are agricultural population, and the other 33 households with 151 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,082 yuan, mainly from the second and third industries. 38 households with the proportion of 7.69% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 68%, and about 200 persons are working outside mainly in the Guangdong, 144

153 Shenzhen, etc., engaging in the industries such as construction, fabrication, etc. The agriculture in Caoshi Village focuses on planting two-crop paddy, rape, and oranges. At present, the total cultivated land in the whole village is 1,297 mu, of which 450 mu of paddy field and 747 mu of dry farmland. The existing per capita cultivated land of the agricultural population is 0.85 mu. The land acquisition of the project will actually affect 16 households with 44 persons, among which 10 households with 27 persons are affected by the house demolition; the cultivated land requisitioned is 14 mu, of which 9 mu of dry farmland and 5 mu of commercial vegetable land, covering 4 villager s groups. The proportion of occupied cultivated land is 1.08% in the whole village, and is less than 5% in each villager s group. So for most of the farmers, the land acquisition will not have large impact on their livelihood and production. For the details of the cultivated land acquisition in Caoshi Village, see the table Cultivated Land Acquisition Each Villager s Group in Caoshi Village Table Villager s group Agricultural population Existing cultivated land (mu) Subtotal Paddy field Commercial Dry vegetable farmland land Existing per capita cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Commercial Dry vegetable farmland land Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: 1The farmers in the 12th villager s group is concentratedly affected by the land acquisition. Because part of the villagers in the adjacent 11 th group have given up the agricultural production, through consultation, it is planned to adjust 3.12 mu of compensated paddy 145

154 field from the 11 th group and distributed to the affected households in the 12 th group, and the land resettlement fees will be directly paid to the land contractors participated in the cultivated land adjustment. 2The village has about 340 mu of collective orange garden at low production level and with bad economic efficiency. It is planned to meliorate 21 mu of low-yield fruit garden, renew the categories and improve the soil and water conservancy supporting by the village collective, and then distribute to the affected villagers in the 3 villager s groups such as 6 th, 7 th and 10 th villager s groups. Relocation and Reconstruction Plan: On the basis of the resettlers will, the committee of the village determined that 10 households with 27 persons will be resettled within the existing village groups by means of scattered and moving-back resettlement based on the housing plot arranged by the village collective. The rebuilt housing plot standard will be 180m 2 /household. The resettlers can build and demolish houses by themselves, the losing property will be compensated in accordance with related policies, provide livelihood subsidy for the moving conveyance fee, matched infrastructural facilities fee for the new housing plot. In the process of resettlement, the project implementation agency and village committee will provide necessary assistance Yishi Village of Yijiadu Town Yishi Village is an administrative village subordinated to Yijiadu Town of Shimen County located in the north bank of Lishui River, east of the county and with 5km away from the county. The village borders on Yonggu Village of Chujiang Town in the east and Liujiaping Village of Chujiang Town in the north. The whole village is composed of 12 villager s groups and has 665 households with 2,053 persons, among which 660 households with 2,033 persons are agricultural population, and the other 5 households with 20 persons are non-agricultural population. The net income of per capita in 2004 was RMB 2,060 yuan, mainly from the second and third industries. 45 households with the proportion of 6.77% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 60%, and about 150 persons are working outside mainly in the Guangdong, Shenzhen, etc., engaging in the industries such as construction, fabrication, etc. The agriculture in Yishi Village focuses on planting two-crop paddy, rape, and oranges. At present, the total cultivated land in the whole village is only 1,954 mu, of which 768 mu of paddy field and 1,186 mu of dry farmland. The existing per capita cultivated land of the agricultural population is 0.96 mu. The land acquisition of the project will actually affect 7 households with 16 persons, among which 2 households with 5 persons are affected by the house demolition; the cultivated land requisitioned is 8.2 mu, which is all dry farmland, covering 4 villager s groups. The cultivated land per capita after land requisition is 0.96 mu, with the occupied ruled proportion being 0.42%. According to the field investigation, the village is rich in cultivated land resource, and the occupied cultivated land is scattered and not too much, therefore, the land acquisition may have relatively small impact on the livelihood and 146

155 production of the local farmers. For the details of the cultivated land acquisition in Yishi Village, see the table Cultivated Land Acquisition Each Villager s Group in Yishi Village Villager s group Table Agricultural population Existing cultivated land (mu) Subtotal Paddy field Dry farmland Existing per capita cultivated land (mu/person) Occupied ruled cultivated land area(mu) Subtotal Paddy field Dry farmland Per capita cultivated land after land acquisition (mu/person) Occupied proportion (%) Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision based on the actual condition of the village, that the resettlers of the village would be resettled in accordance with the following measures: Economic Rehabilitation Measures: The village is rich in land resource, and the per capita cultivated land in all villager s groups after land acquisition is over 0.9 mu, therefore, it is planned to adopt partial land adjustment within the groups. The land compensation fees will belong to the village collective, and the resettlement fee will be distributed to the land contractors who provide the cultivated land for adjustment. Relocation and Reconstruction Plan: On the basis of the resettlers will, the committee of the village determined that 2 households with 5 persons will be resettled within the existing village groups by means of scattered and moving-back resettlement based on the housing plot arranged by the village collective. The rebuilt housing plot standard will be 180m 2 /household. The resettlers can build and demolish houses by themselves, the losing property will be compensated in accordance with related policies, provide livelihood subsidy for the moving conveyance fee, matched infrastructural facilities fee for the new housing plot. In the process of resettlement, the project implementation agency and village committee will provide necessary assistance. 147

156 5.6 Rehabilitation Plan for Affected Enterprises and Institutions According to investigation, there is 1 enterprise (Shuangjia Livestock breeding Company) affected by the land acquisition and house demolition in the project area. Because for this enterprise, only sundries houses and auxiliary facilities will be affected, there is no need for relocation, and there will be no impacts on its normal production and operation. Through the consultation with the local government and the affected enterprise, it is planned to adopt cash compensation resettlement. The affected unit could rehabilitate institutional houses and auxiliary facilities after obtained the compensation. 5.7 Planning of Relocation and Reconstruction Special Facilities Transformer Facilities The land acquisition will affect 1.0km of 10KV high-voltage lines and 2.9km of 380V low-voltage lines. According to the project design, the reconstruction of electric line, if the existing lines crosses the embankment, will be carried out by building more higher pole and line and crossing over the embankment; while it affects tendency of electric lines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of electric facilities will be designed and in charged by the electric departments in Shimen County after reasonable cash compensation Telephone Lines The land acquisition of the project construction will affect 2.3km of telephone lines. The reconstruction of telephone lines will be carried out by building pole and line higher and crossing over the embankment, if the existing telephone lines cross the embankment; while it affects the tendency of telephone lines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of telephone facilities will be designed and in charged by the telephone departments in Shimen County after reasonable cash compensation Broadcasting and TV Lines The land acquisition of the project construction will affect 2.3km of cable TV lines and 2.2km of broadcasting lines. The reconstruction of cable TV lines and broadcasting lines will be carried out by building pole and line higher and crossing over the embankment, if the existing cable TV lines and broadcasting lines cross the embankment; while it affects the tendency of cable TV lines and broadcasting lines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of broadcasting and television facilities will be designed and in charged by the broadcasting and TV departments in Shimen County after reasonable cash compensation. 148

157 5.8 Minorities Resettlement The Project will have certain negative and positive impacts on ethinic minorities on economic, environment and employment aspects. The Project implementation agencies will take relevant measures to minimize negative impacts and enhance positive benefits in order ensure adequate rehabilitation for the affected minorities. 1) Measures to avoid or minimize negative impacts a) Construction Impacts: During construction, to minimize potential impacts on affected minority villages, project implementation agencies will make efforts to reduce construction noise, strengthen traffic safety and repair or rehabilitate damaged irrigation and drainage facilities. b) Prevention of AIDS and STD: Even though Shimen County is not county with high degree of AIDS or STD, to minimize potential threat of AIDS and STD to Shimen County due to Project, Shimen County Disease Control Center will take a series of measures, including setting up clinic in the construction site, providing information on prevention of AIDS and STD, and taking necessary prevention measures for construction workers. c) Gender Equity: To ensure minority women have same benefits in the Project and their basic interests are protected, according to national laws and regulations, the project implementation agency will take measures like separate or joint consultation meetings so that women have more opportunities in decision making process. d) Relocation and Resettlement: For the construction of replacement housing for relocated households, the implementation agencies will consider a number of factors, including cultural customs, agricultural production needs, and long term development. In addition, the implementation agency will set aside 1% of total land acquisition and house demolition compensation to provide necessary assistance to the vulnerable groups, including those minority households. For those households seriously affected by land acquisition, in addition to provide regular land compensation and rehabilitation, basic agricultural and non-agricultural skill training will be provided to facilitate their rehabilitation. In the resettlement office of LPMO, minority staff will be appointed to be responsible for implementing resettlement program for Shimen Subproject. 2) Measures to Enhance Project Benefits a) The Project Implementation Agency will consult with selected contractors to specify that among those hired as daily labors, at least 75% of local labors employed will be minorities. All contractors should provide necessary job training to the hired labors and pay full wages without delay. b) Microfinance Plan. Under the coordination of Shimen Poverty Alleviation Office, Shimen County Women s Federation will implement a microfinance program, which will provide micro credit for 1,520 rural minority women in 38 townships (towns). The average size of loan is RMB 1,000 to be used for 149

158 small scale income generation activities. The average repayment period is 0.5 to 4 years, with annual interest rate being 5-6%. About 50% of interest cost will be subsized by the county poverty alleviation office. Affected minority households will have priority to benefit from this program. c) Tourist Development: The county government and tourist administration agency will take various measures to promote tourism development in Shimen County, which include developing and popularizing traditional tourist items such as Huping Mountain and Jiashan Temple, establishing Tujia Nationality Cultural Exhibition, perfecting tourism infrastructures, preparing tourism booklet and poster that will be distributed and shown at rest places, parking lots and bus stations, introducing various tourism resource on internet, and staging Shimen Citrus Festival on every October. d) Technical Training: As part of economic rehabilitation package, Shimen County Agricultural Bureau, Labor and Social Security Bureau will offer various skill training on planting, animal husbandry and non-farm activities to the affected people, including affected minority persons, so that they have more income generation capacity and more opportunities to be employed during project construction. e) Preferential Policies to Minority Families: In order to encourage ethnic minority people involvement in secondary and tertiary sector development, county government will provide a series preferential policies and tax holiday, such as fixed allowance, special subsidy, and special assistance for newly set up businesses. 5.9 Vulnerable Groups Resettlement and Rehabilitation During the course of resettlement process, appropriate department of the project will specially pay attention to the resettlement of vulnerable group. To those affected vulnerable group mainly including elderly living alone, disabled, women headed households, and extremely poor families, in addition to standard compensation provided by the project, the project would provide additional financial or physical assistance so that their rehabilitation and restoration of income and livelihood could be completed as soon as possible. 1) The project will afford special allowance for the families under the poverty line to help them construct houses and keep their living level. The detailed measures include the house building subsidy of 3000 yuan/household for poor households, and subsistence subsidy of 600 yuan/person to help them overcome the difficulties during the demolition. 2) After implementation of the project, the affected households could apply for loan, and local village collectivities could provide guarantees for such application. 3) During the course of implementation of the project, local village collectives will help those vulnerable families with selecting new housing site, rebuilding new houses, and transferring to new houses construction. They include those elderly living alone, disabled, and women headed households. For the 15 affected households with 23 persons, the allowance standard will be determined by the real 150

159 situation and their needs. Allowance for the vulnerable group will be calculated by 1% of the total cost of occupied land compensation and resettlement for the project, which will be used to provide support compensation of house and accessorial facility and used for the cost of providing all kinds of assistance or life support to the vulnerable group affected by the project. 151

160 6. Institution and Responsibilities 6.1 Resettlement Engaging in the Resettlement Planning The investigation of demolition and resettlement planning of the project are completed jointly by the resettlement consultation unit organized by Key Project Management Office of Hunan Province Water Resources Department and related resettlement design units. Shimen County People s Government and Water Resource Bureau assigned their staff to join in the work of investigation and planning. Township (town, development zone), village (residential committee) and group affected by the project arranged the leaders and the masses to join in the investigation and planning. 6.2 Institutions and Responsibilities of Resettlement Implementation Management Institutions Special resettlement Offices shall be set up in provincial and county PMOs in order to manage the resettlement implementation work. There are about 1 to 8 persons in Project Resettlement Office. Because of the high sociality of the resettlement work, the Project Management Office at all levels should be formed by the persons from government, land administration, planning department and agricultural department. A person with rich management work experience will be the leader of the project resettlement office (PRO). There will be 1 to 2 main leaders in the townships (towns, development zone) and villages (residential committee) affected by the Project. One government leader and Land Administration Station leader will take charge of it in town, township and development zone, and village head or director will take charge of it in village and residential committee. See Fig for the Frame of Project Resettlement Institutions Responsibilities 1) Project Resettlement Leading Group of Hunan Province Leaders from Hunan Provincial People s Government, Hunan Plan Committee, Hunan Water Resources Department and Provincial Loans Project Execution Office who are in charge of the project will be appointed to constitute the Project Resettlement Leading Group of Hunan Province. And its main responsibility is to strengthen the leadership in the project, and to coordinate and to organize the relation of resettlement institutions at all levels. 152

161 ADB Loans Project Management Office of Hunan Province Project Resettlement Leading Group of Hunan Province Project Resettlement Management Office of Hunan Province Project Resettlement Leading Group of Shimen County Shimen County ADB Loans Project Office Shimen County Project Resettlement Implementation Management Office Resettlement Design Unit Independent Monitoring and Evaluation Institution Township (town, development zone) Resettlement Implementation Management Office Village Committee or Residential Committee and Village s group Resettlement Household Fig Frame of Project Resettlement Institution 153

162 2) ADB Loans Project Office of Hunan Province The main responsibilities of ADB Loans Project Office of Hunan Province are to organize the work of project Resettlement and the planning, to take charge of the policy compilation of resettlement activities of the project, and to organize and coordinate the relation of resettlement institutions at all levels. Provincial Project Management Office will be set up under Provincial ADB Loans Project Office to deal with everyday affairs. 3) Resettlement Management Office of Hunan Province Resettlement Management Office of Hunan Province is constituted by Loans Project Execution Office, and its main responsibilities are to strengthen the leadership in the course of project implementation in Hunan Province, and to coordinate the working relation among the cities in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement. 4) Project Resettlement Leading Group of Shimen County Project Resettlement Leading Group of Shimen County is managed by leaders of Shimen County People s Government in charge of the project directly, and its main responsibilities are to strengthen the leadership during the course of project implementation in the county, to coordinate the working relation of towns, townships or development zone, and to guarantee the smoothness of the construction of main body project, land acquisition resettlement. County PMO shall be set up under the leading group to deal with everyday affairs. 5) Shimen County ADB Loans Project Office The main responsibilities of Shimen County ADB Loans Project Office are to strengthen the leadership of the project, take charge of policy compilation of resettlement activities, and to organize and coordinate the relations of resettlement institutions at all levels. County Resettlement Implementation Management Office will be set up under it to deal with daily affairs. 6) Shimen County Project Resettlement Implementation Management Office The main responsibilities of it are to fulfill management, planning, implementation, coordination and supervision and monitoring of the resettlement: 1Work out the land acquisition of the project, demolition and resettlement policy; 2Entrust the design unit to determine the range affected by the project, to investigate the physical index of the impact of the land acquisition and demolition, and to preserve the data; 3Apply for the land using and planning, and license on land using and construction; 4Be in charge of service training of main resettlement leader of Land Acquisition, Demolition, and Resettlement Office; 5Organize and coordinate the compilation and execution of Resettlement Planning Report; 6Be responsible for management and allocation of funds, and supervision the using of funds; 154

163 7Guide, coordinate and supervise the resettlement implementation and progress; 8Preside over and check the internal monitoring activities, and be in charge of compilation of the report on land acquisition, demolition and resettlement; 9Determine the external monitoring institution and assist with the external monitoring activities. 7) Town (township, development zone) Resettlement Implementation Management Office It is led by Town (township, Sub-District) leader in charge of this project and composed of the main leaders of Land Administration Station, Police Office, Civil Administration Station and villages. The main responsibilities are as follows: 1Take part in the project investigation and assist in the compilation of Resettlement Action Plan; 2Organize the masses to join in and publicize the resettlement policies; 3Implement, check, monitor and record all of the resettlement activities in the township or town; 4Go through the demolition and rebuilding procedures for resettler s houses; 5Be responsible for the payment and management of land compensation funds; 6Supervise the land acquisition, demolition of houses and attachment, and the rebuilding and demolition of buildings; 7Report the conditions of the land acquisition, demolition and resettlement to County Land Bureau and Resettlement Management Office; 8Coordinate and deal with the contravention and problems in work. 8) Village Committee or Residential Committee and Villager s group Resettlement Group of Village Committee or Residential Committee and Villager s group is composed of main leaders of Village Committee and Villager s group, and its main responsibilities are as follows: 1 Take part in the investigation of social economy and the project impact; 2 Organize the masses to negotiate and to publicize the land acquisition and demolition policies; 3 Select the resettlement site, and allocate housing plot for the demolition household; 4 Carry out land reclamation, adjustment and allocation, and organize the resettlement activities such as production development; 5 Be responsible for the funds management and allocation; 6 Report the opinions and advice of resettlers to the higher authorities; 7 Report the progress of resettlement implementation; 8 Provide help for the households with difficulties in demolition. 9) Responsibilities of Design Unit During the planning design stage, survey the physical index of demolition, environmental capacity, developable and available resources exactly, to assist the government in the project area to work out 155

164 the resettlement scheme, to compile the budgetary estimate of compensation and investigation for demolition and the report on demolition and resettlement planning, and to work out the related drawings. In the implementation period, provide design document, technology regulations, drawings and notice for the County PMO in time, report the design technical explanation to project Offices at all levels by phase, assist each settlement Office with the settlement demolition and settlement production arrangement and improve settlement arrangement planning schedule according to the actual conditions. 10) Responsibilities of Independent Institution for External Monitoring and Evaluation Qualified monitoring evaluation institution shall be hired to be the resettlement monitoring unit by the County PMO, and its main duties are: 1As an independent institution for monitoring and evaluation, its main responsibilities are to observe each aspect of the resettlement plan and its implementation, to monitor and evaluate the resettlement work, the implementation result and the social adaptability of the resettlers, and provide resettlement monitoring and evaluation report to the ADB through the PRO. 2Provide technical consultation for Project Resettlement Office in the aspects of investigation and process of the data. 6.3 Supervision Institutions Shimen County Project Settlement Implementation Management Office is the supervision institution, and it shall preside and check the internal monitoring, compile project land acquisition resettlement progress report, report resettlement implementation progress, problem and advice for the Provincial Project Office regularly to maintain the good function of resettlement institution at all levels in the course of project implementation, coordinate work of all aspects and master the resettlement implementation conditions. At the same time, Shimen County PMO shall hire qualified and independent external monitoring unit to take the charge of the project land-cover demolition and compensatory monitoring evaluation work of resettlement. Independent monitoring unit shall provide technology consultation for internal monitoring and management, provide overall resettlement implementation information for County PMO and report resettlement progress, problem and disposal advice for County PMO. 6.4 Resettlement Management System The implementation of the resettlement program for Shimen Subproject will be the responsibility of the Shimen County Resettlement Management Office, which includes arranging bidding process for both 156

165 construction of special facilities and infrastructure projects. In addition, the resettlement management office will employ a qualified external monitoring and evaluation agency to carry out independent resettlement monitoring and evaluation. What s more, computers shall be used to manage the information and keep all archives of resettlement and materials in the course of implementation in PMO at all levels. 6.5 Personnel and Facilities of Resettlement Institution Personnel Arrangement In order to maintain the resettlement work to be carried out smoothly, special personnel shall be arranged for resettlement management institution at all levels to form a smooth information transmission channel. Personnel of resettlement institution consist of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table for details of related institution personnel conditions. Table on the Personnel of Resettlement Implementation and Management of Urban Flood Control Project of Shimen County Table Unit: Person Institution Name Total Administrator Finance Technical Political Rear-service Staff Staff Worker Staff County Resettlement Implementation Management Institution Township Resettlement Implementation Management Institution Total Facilities The facilities equipped with the institution mainly refer to the resource arrangement of resettlement implementation institutions such as office buildings for resettlement institution at all levels, transportation tools, office facilities and communication facilities (see Table for details). Total amount of facilities management as planned for resettlement institution is thousand yuan, and the funds are open-fee of resettlement implementation institution of general budgetary estimate of resettlement investment. 157

166 Table Table on Facilities Arrangement of Resettlement Implementation Institution of Urban Flood Control of Shimen County Project Type Unit Price (Yuan) Total Amount County Resettlement Office Township Resettlement Office Investment (RMB Y 0000) 1. Office Piece Transportation Tools BJLB MOTOR CFA-6400A Piece Office Facilities Computer Lenovo Yangtian M6000 Set Printer HP8000 Set Duplicatr Panasonic FP-7818 Set Digital Camera SONY DSC-V1 Set Airconditionor Gree 505TlyType Set Table and chair Set Scanner HP4670C Set Fax Liguang 8500 Set Telephone 3.10 Notebook computer Siemens 8000 Type Set Toshiba PA100 Set Total Investment Remarks 300 yuan/house, hire for 4 years 6.6 Training Plan To guarantee the work of project implementation can be carried out smoothly, the resettlers should be trained and the training plan should be formulated. Resettlement training plan contains of two aspects: training plan for resettlement administrator and production skills to be mastered by the resettlers Resettlement Administrator Training Plan Plan and establish county-level, township-level and village-level resettlement institution personnel training and human resource development system. Resettlement administrator training work can be carried out by inviting leader or expert to give the lecture, starting technology training class in each units, visiting and studying in resettlement project, training the administrators on the spot. Training content contains: 158

167 1) Resettlement principle and policy; 2) Resettlement planning management training; 3) Resettlement implementation planning design; 4) Resettlement implementation progress management; 5) Resettlement finance management; 6) Resettlement project quality control; 7) Management information system; 8) Resettlement monitoring evaluation; 9) Resettlement project management Production Skills Training for Resettlers Resettlement production skill training plan mainly is aimed to train the resettlement household in the aspect of knowledge and practical technology. The training mode of integrating long-term training, short-term training and key technology training together shall be adopted, and also some young person with certain quality shall be sent to study in Hunan Agricultural University and Hunan Agricultural Science Academy in order to provide a number of technical backbones for the project area; Regarding the provincial and county training center as the carrier, we shall hold all kind of practical technology training in order to make a number of resettlement master one to two kinds of practical technology and lead other resettlement households to rich life by science. 1) Training for resettlement backbone: It is planned that we will recommend and sent some resettler s children or resettlement backbone who is qualified and is active to receive long-term training and education in Hunan Agricultural University in order to make them the pioneers of resettlement development. 2) Training on planning technology: carry out the training on big-shed vegetable production technology, high quality cross hybrid rice, two-low rape technology promotion by inviting agricultural science experts to have class fixedly and demonstrate on the spot. 3) Training on aquaculture technology: carry out the training on poultry feeding skill and livestock aquaculture skill by inviting agricultural science experts to have class fixedly and demonstrate on the spot Investment on Resettlement Training and Planning A total of six resettlement training workshops will be carried out with 77 persons participating at cost of RMB yuan. Among them, three workshops will be targeted to resettlers with 49 participants at cost of RMB 50500; and three workshops will be for resettlement staff with 28 participants at cost of RMB The training cost is included in the total resettlement budget. See Table for details. 159

168 6.7 Measures for Institution Consummating 1) Make the responsibility and obligation range of resettlement institution clear and definite, and strengthen the supervision and management; 2) Enrich the forces of resettlement institution at all levels, and especially strengthen the profession technology forces. All of the personnel must own certain profession level and management ability, and strengthen the skills in computer, testing equipment and transportation tools; 3) Select the working personnel strictly, and strengthen the service skill training and carry out the training for administrator and technical staff in order to improve the service ability and management level; 4) Arrange women leaders with proper quantity and make them play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the smoothness of information both from the higher to the lower and from lower to the higher, and important problems shall be solved by resettlement leading group. 6) Strengthen the report system and internal monitoring, and solve the problem in time. 7) Establish external monitoring evaluation mechanism and pre-alarm system. 160

169 Table Project Training for Administrator 2. Resettlement Production Skill Training Training Place Hunan Provincial PMO Shimen County PMO Domestic Similar Project Hunan Agricultural University Township (development zone) PMO Training Mode Lecture by Expert Class Domestic Investment and Study Refresher course and entrusting education Class Resettlement Implementation Training Plan Table Lecturer Hunan PMO Expert Provincial PMO Expert Teachers of Agricultural University Administrator of County Resettlement Office and agricultural Technology expert Training Object County PMO Administrator Administrator of Town and Township PMO 2Administrator of Village Main Service Personnel of PMO Resettlement backbone and resettlement children Representative of each town, township and village Amount of Person (person) Training Content Amount of Periods Training period (day) Funds arrangement (10 4 yuan) Resettlement Principle and Policy; 2. Resettlement Project Planning Management; 3.Resettlement Finance Management; 4.Management Information System; 5. Resettlement Implementation Management, etc The Same with Above Resettlement Implementation and Monitoring Management Production technology management; 2.Agricultural technology management; 3. Agricultural production multi-operation 1.Planting technology training 2. Aquaculture training 1 Half a year Total

170 7. Public Participation and Harmonization with Residents in Resettlement Area 7.1 Public Participation Strategies According to relative relocation resettlement policies and code of nation, province and county, in order to maintain lawful rights and interests of resettlers and affected work units, reduce complaints and dispute, work out the policies and implementation detailed rules of resettlement and rehabilitation of project, compile resettlement plan, implement the RP and organize works aiming at the restoring income and livelihood for the affected people. In order to accomplish appropriate resettlement, a great deal of efforts has been made on increase participation and consultation by the resettlers during stages of preparation and implementation of the RP. 7.2 Approaches and Measures of Public Participation Participation Approaches Before launching investigation work, prepare work plan, listen and accept local government s opinion for the investigation content, approaches and requirement, etc. Local government dispatches staff to take part in investigation group and work together. In the period of investigation at large, invite officials and representatives of township, village and group to participate in investigation work, and introduce to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and consult over the possible direction of the resettlement together. In the phase of resettlement planning, the work staff of resettlement deliberate with all levels of leaders of county, township (town, Sub-District), listen to and accept opinions, requirements, and existent problems, choose resettlement area. When investigating on the spot, local mass and concerned leaders shall participate in choosing resettlement location. It is proved that the consultative work has active significance to choosing resettlement location of long term potential and establishing scheme which is easy to be accepted by resettlers Participation and Consultation Measures Public participation and consultation mainly adopts two ways of small group discussion and spot check of resettlers opinion. Illustrate project building purpose, content and importance to the resettler representatives and discuss the matters concerned the resettlement planning together through these manners. Through investigation, a great deal of efforts shall be made on public participation and 162

171 consultation opinions by design units. On the basis of no prejudice to the collective planning principle, house-building scheme for resettlement and production resettlement modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied. In the stage of resettlement implementation, more consultation will take place by ways of group discussion and resettlers opinion survey, collect resettlers information, investigate resettlers desire, and further refine resettlement and rehabilitation scheme. To ensure that the resettlers and local government in the affected area understand the detailed information of the resettlement plan and the resettlement and compensation plan of the project, propaganda to the resettlers the laws and regulations on national resettlement through public participation (colloquia) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers will know exactly practicality index quantities, the computation method of compensation standard and methods, resettlement measures, appropriation and usage of the resettlement compensation and assistance fund, the rights and compensation method of the resettlers, etc. At the same time, similar information should also be disclosed to the residents in the resettlement area to make them know more about land acquisition information, land compensation standard, fund usage and resettlement information. Disclose resettlement work to gain the support and confidence from both groups to ensure the success of resettlement work. 7.3 Public Participation in the Process of Resettlement Planning In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers should take part in the following item of work: 1) From Dec.2004 to Jan.2005, the investigation on physical indices of relocation and demolition by land acquisition in the project was conducted by Shimen County Project Resettlement Office, resettlement design units, Villagers groups and resettler representatives. From Mar. to Apr.2006, in the process of supplementary investigation of affects of project land acquisition and demolition resettlement planning, project resettlement office and resettlement design units go deep into every village and Villager s group, adopt the form of holding colloquia participated by cadres of village group and resettlers representatives or discuss with resettlers randomly, further solicit their opinions and suggestions on resettlement (including their choice of resettlement location, production rehabilitation measures, house tearing down and building and compensation policies for land acquisition. For details, see ) Shimen County resettlement office and design office successively organize and hold consultation meeting participated by all levels of local cadres and all classes of influencing people. Propaganda the all classes of existing policies on resettlement of country, province and city. Accept and consult widely 163

172 their opinions on how to decrease project impact, how to resettle the demolition resettlements for land acquisition and compensation standard for all level of affected people. For details, see Table7.3-1 Questionnaire of Public Attitudes toward the Project Time Location Participant Dec.2004-Jan.2005 Jan.2005 Apr Each resettlement village County and town government meeting room County government meeting room Resettlement representatives Planning committee, town government, design units, planning, country and resettlers representatives County government, design units, planning, country, resettlers representative Participant Number 65 (28female) 20 (8 female) 30 (12 female) Discussion Content Project introduction, affected area and tentative resettlement scheme Project introduction, affected area and tentative resettlement scheme Solicit project opinions on compensation, resettlement plan and land acquisition Final Results Support project building, agree with resettlement plan tentatively. Support project building, agree with resettlement plan in principle. Defining every item of compensation standards, resettlement policies and land acquisition policies. Table7.3-2 Policies Disclosure Purpose Project impact in social-economy survey Tentative consultation for the compensation policies and demolition scheme in the preparation of resettlement plan Further consultation of compensation policies and rehabilitation plan in revising resettlement plan Content 1.Project influence all kinds of quantities of index in kind and land acquisition of project. 2.Project influence socio-economy condition in the area affected by the project 1.Accept the opinions and suggestions of every relative party of project scheme, demolition and resettlement work. 2.Resettlers representative participate in demolition and resettlement work. 1.Hold consultation meeting, concentrate on introducing conditions and go on accepting opinions and suggestions. 2.Hold mobilization demolition work meeting, propaganda resettlement plan, compensation standards and answer the relocatee s question. Who and with whom Survey group consists of County project Office and Resettlement design units County government, County project Office and affected people County project, demolition Office and demolition household representative When Dec Feb June 2007 Where Administrative management organ of project area, township government, village committee, the affected domestic and non domestic Within the project scope Within the project scope 164

173 3) In the process of resettlement plan, the project publicizes relative resettlement information to the residents in resettlement area, through holding the discussions with village officials and resettlers representatives or talk with resettlers randomly. Then they can know more about the land acquisition, land compensation standards, fund usage and resettlement information. Table Information Disclosure Document Situation introduction of the project (including land acquisition Introduction of the project of land acquisition and removal Disclosure Way 1. Hold the meeting 2.Bulletin column 1.Resettlement Information Booklet 2.Hold the meeting Disclosure Date Dec June 2007 Oct Disclosure Location Project area Project area Disclose the bulletin of resettlement plan Bulletin column Feb Project area Disclose the report of resettlement plan Submission to the ADB Bulletin column Published in the newspaper (1) County Project Office (2) Website June 2007 June 2007 Project area County PMO 4) From De.2004 to Jan. 2005, staff of the resettlement planning team conducted survey of willingness among affected households with the assistance and corporation of relevant department of project. The results are listed: 1Know about the project: 96.55% resettlers know about, 3.45%don t know. 2Know about the channel: 88.16% resettlers know through investigators, 35.28% resettlers through villagers in neighboring village 3Supporting attitude: All resettlers support the project. 4Influencing degree: 93.36% resettlers think the flood control benefit of the project is great, the negative effect caused by the land requisition and demolition can be reduced by reasonable compensation; 3.21% resettlers think the flood control benefit of the project is great, but the negative effect land acquisition and demolition is huge; 3.43% resettlers think the flood control of the project has no effect on them, but the negative effect caused by the land requisition and demolition is to some degree. 5Demolition and resettlement: 92.75% resettlers in city area choose currency compensation for their compensation method and would love to buy houses by themselves to live in; 6.25% resettlers choose exchanging property rights and hope government arrange unitedly, desire the area of resettlement houses is the same of former one % resettlers in the country area hope government arrange houses base unitedly so as to remove and build houses by themselves. 3.41% resettlers choose centralized resettlement. 165

174 6Production resettlement: 37.32% resettlers require cash compensation, 62.68% resettlers require the adjustment of ground. 7.4 Public Participation and Plan in Implementation of Resettlement Plan Resettlers should be encouraged to participate in the whole process of implementation of resettlement planning of the project Participation in the Houses Rebuilding and Resettlement 1) Houses Compensation Standards The houses compensation standard is very important to the resettlers benefits. Before the houses are removed, relative organs should consulate and sign contracts on houses compensation standard with resettlers. Consultation results should be publicized before signing agreements so as to accept mass supervision. 2) Houses Rebuilding Location and Method In the stage of preparation and compilation of Resettlement Plan, relative department survey the resettlement houses rebuilding location and method. According to the surveying results of the resettlers opinions, most resettlers would like to rebuild their houses in their own village group and remove and build houses by themselves. Local government will offer help in every stage of resettlement and building houses. 3) Dealing with the Old Houses All the removed houses will receive houses compensation according to replacement value. The removed household can first remove then build or first build then remove according to their own willingness in the prescribed time. Old materials of the formal houses can be used by removed household Participation in Production Resettlement All the villagers of every village and group should participate in the adjustment and distribution of land and start-up of other agricultural development project, especially take care of resettlers who have special requirements of land Participation in the Usage and Management of Land Compensation Fee Land compensation fee should be owned by collective of villages and groups, any unit and individual should not withhold and appropriate. After the compensation funds have been given to collective of villages and groups, it should be planned as a whole in order to ensure special funds for special purposes. The funds cannot be used until the usage is talked over and agreed in every group of villagers meeting and be supervised by villager representative. 166

175 7.4.4 Participation in Project Construction The project construction more or less affect local. In order to ensure the affected people can benefit from the project, mass are encouraged to participate in the project construction and provide convenience in materials and labor services. 7.5 Women Participation From the start of the project, a great effort has been made on the function of women by the implementation institution of the project and local government. Concern women and families where women are the householder and bring women into play in the process of implementation of resettlement plan. In the affected area, women s rights, interests and status should be the same as that of men. Women play an important role in economic development activities and housework. Especially in the country, most women stay at home, more men go into the city to find jobs. So besides family responsibility women play an important role in tilling and non-farm work. So in the area affected by the project, women will pay more attention to the project than women, they not only take part in every stage of work of resettlement but also give fineness rein to the direction and method of resettlement. In the period of surveying the project at large, all Women Directors of resettlement villages are invited to participate in surveying work group to propaganda and communicate with affected women; In the small group discussions, more than 40% is female, besides they support the project actively, they showed that they pay closer attention to the correctness of surveyed index in kind, rationality of compensation standard and whether the compensation fee can reach in time etc. In the resettlement planning stage, resettlement design unit actively invite female resettlers representatives to discuss together, accept their opinions, requirements and existing problems on production resettlement and resettlement of demolition and houses building. The consultation work has positive significance in releasing women from the worry of living source and traditional production pattern and achieving equal proceeds in the production. Meantime, arrange for at least one-woman cadre in all levels of setup of the project; encourage women to participate in the implementation of the resettlement planning. A great deal of effort will be made on the women s demolition activities, especially the livelihood rehabilitation by resettlement implementation setup and local government in the process of implementation of the project. Give priority to women and provide more opportunities in the project construction. 167

176 7.6 Harmonization with the Residents in Resettlement Area The resettlement demolition of the project is mainly to buy houses by themselves and build houses centralizedly, the former resettlers can choose place to buy house where they can adapt the new living environment. The latter resettlers can be harmonious with residents in resettlement area because the resettlement s life doesn t change much and they share the common life and custom habits. Of course, it doesn t mean that there is no estrangement and conflict between the resettlers and former residents. In order to establish good relationship between them, the following work should be done: 1) Before removal, resettlers and residents in the resettlement area should take part in the resettlement planning. If you want to get cooperation, participation and feedback opinions of resettlement area and resettlers, introduce to them their rights and schemes they can choose. They can have their own choice from a number of resettlement schemes. They can consult with them directly or define through formal or informal leaders and representatives. In most conditions, do some system arrangement such as project official holds regular meetings with local groups so that resettlers and residents in the resettlement area can show their opinions in the whole period of planning and implementation of the project. Must make effort to see that vulnerable populations express their opinions adequately. 2) Try to decrease the impact on the residents in resettlement area. There may be conflict between resettlers and residents in the resettlement area if resettlers need more land, water sources, wood land and society services, or society and houses facilities provided for resettlers succeed the level of residents in resettlement area. So in order to avoid such conflict, the livelihood condition and society service of the residents in resettlement area should be improved, at least avoid deterioration. Try to provide for two groups the perfect education, water supply and medical service and create better social atmosphere for their permeation. 168

177 8. Appeal Procedure 8.1 Possible Complaint and Problems Solving Methods Resettlement Plan makes overall plan for resettlement scheme from the angle of the affected area of the whole project. In the implementation process, resettlers complaint may appear because of the change of actual situation and deviation of operation. According to resettlement experiences got from the constructing and constructed projects, the resettlers complaint may be the several following kinds: 1) Index Problem Because of the error in the process of surveying, statistics and computation, the occupied and removed index in kind may be missed out, without entry and wrongly entered to affect resettlers benefits. When such problems happen, the affected people through village committee can report to Shimen County project Office in oral or written form. After processed by Shimen County resettlement Office, the problems should be submitted to County project Office and supervision unit. Under the leadership of County project Office, organize professional personnel to verify on the spot, sign and issue disposal opinions, ratify and register the missed out item, wrongly entered or missed out index in kind and compensate according to the standard. 2) Compensation Standard Small number of resettlers might have concerns on the compensation could not meet rehabilitation needs due to lack clear understanding about national resettlement policies and compensation. Prior to implementation of resettlement project, the design personnel should cooperate with all levels of government and resettlement office, do the technical explanation, explain national resettlement policies and computation process of compensation standard in order to make resettlers understand that compensation standard is compiled according to the national laws and regulations document, which can ensure resettlers move out, live comfortably, develop so as to release their misgiving. 3) Funds In the construction process, due to slow allocation of resettlement funds, houses building, and economic rehabilitation might be affected. Such questions require managers of implementation of resettlement control funds, schedule and quality to ensure resettlement funds can be used effectively as designated. The resettlement fund allocation should be in accordance with the schedule every month and resettlement project proceed according to the schedule. 169

178 8.2 Appeal Channel and Procedure Resettlers enjoy rights and obligations, which are endowed by constitution and law. The exiting laws and codes of our nation can guarantee resettlers lawful rights are not violated. Appeal until getting it, if the lawful rights and interests are violated. 1) Appeal Channel Complaint Office (including resettlement) is set in county, city and province of the resettlements and can investigate and deal with general appeal question of resettlement; Establish all levels of local resettlement management setup according to the law, every lever has the authority to supervise the lower level from province, city to county and can accept appeal case in the way of resettlement; Independent resettlement monitoring setup works according to relative regulations of nation, is responsible for maintaining resettler s lawful rights and interests. The appeal problems of the violation of the rights of resettlers can also be accepted and reflected; The violation laws and discipline case relating to resettlement appeal can be accepted in the law departments such as administrative supervision, auditing, discipline inspection, judiciary and prosecutorial department. For the resettlement appeal system of the whole project, see figure ) Appeal Procedure If any resettler does not agree with resettlement plan, he/she can reflect to village committee (residential committee), which could consult with local resettlement office directly, or appeal to superior resettlement office in oral form or written form. After superior resettlement Office accept the appeal, keep records and consult with village committee and local resettlement office within 10 days. If the contradiction and dispute can not be solved, in accordance with appeal channel, village committee can appeal to administrative setups step by step such as project office, resettlement management office, resettlement monitoring setup, complaint office, administrative supervision, disciplinary inspection and procuratorial department etc.) According to Administrative Procedure Law of People s Republic of China. If resettlers are still not satisfactory, appeal to people s court directly. Resettlement Office is responsible for keeping records of all appeal problems and solving process and keeps in the archives. 170

179 Law department of county, city and province Project Office of Hunan province Discipline departments of county, city and province Office of implementation and management of project resettlement of Hunan province People s letters and visits handling Office of county, city and province Office of implementation and management of project resettlement of Shimen County Resettlement monitoring and evaluation setup Office of implementation and management of project resettlement of development zone, town and township Village committee or villagers group Affected household Figure Appeal System Figure of Project Resettlement 171

180 9. Environment Protection and Management 9.1 The Necessity of Environment Protection The environment evaluation of main body of resettlement investment project shall include the impact of resettlement on the environment. The planning of resettlement shall be conducted with environment evaluation. It is necessary to demarcate the line of resettlement area and calculate the increment of population density in unit area. In agricultural project, if the number of the resettlers is larger than the original number of this resettlement area, the aggravating environment problems will come along, such as deforestation, excessive depasturing, the water and soil loss and the pollution of the hygienic conditions etc. Therefore, appropriate eased measures (including the training of resettlers) shall be included in the resettlement planning, besides other resettlement places can also be chosen. And the urban resettlers will cause the relevant problems related to the population density (such as communication capacity, drinking-water source, hygienic system and medical & healthy treatment etc.). Constructive environmental management methods can supply both good opportunities and benefits to the resettlers and the residents in the resettlement area. If the resettlement causes an unacceptable consequence, we must find another resettlement site or add the resettlement points. 9.2 Liquidation of Relocation All kinds of rubbish, which are produced during the demolition of the various buildings and their attachments within the project range shall all be spoiled in the place designated by the Shimen County Environmental Hygiene Administration. The houses and their attachments within the project range shall be demolished; their walls shall be torn down and leveled. And the interior pollution source within the project range shall be removed and disinfected. The existing wastewater of the industrial enterprises within the project range shall be drained off according to the stipulations. Poisonous waste slag shall be delivered to the appointed place and buried. And the warehouse used for storing the chemical materials shall be treated by poison elimination and neutralization, so that the soil can meet the hygiene standard. 9.3 The Environment Management of the Resettlement Area The environment protection shall be fully considered during the planning and construction of resettlement area, we shall try our best to make the surroundings beautiful and comfortable. (1) Level the land of the cutting faces when excavating the new soil, and set up drainage ditches on the 172

181 cutting faces when necessary to reduce the water scouring to the cutting faces; the waste area shall be forested as soon as possible so as to avoid the water and soil loss; houses and public facilities shall be constructed with the least damage to the forestry vegetation; and trees shall be planted on both sides along the roads. (2) Do a good job of the new houses cleaning: Renovate the environment and spray pesticide before the resettlers move in, and clean the weed and wastewater container or other things both in front and back of the house after settling in. (3) Choose a healthy and clean water source: set up a solid reservoir if it is required to take the spring as the water source, such pollution source as toilet, filter pit, manure pit, livestock barn, waste pit, rubbish pit and waste slag pit etc. are not allowed to be set up in the area 20~30m around the water source. 173

182 10. Monitoring and Evaluation 10.1 Internal Monitoring Internal Monitoring Agency Organization In this project, the Shimen County PMO is authorized as internal monitoring agency, this agency shall be appointed a special leader to be responsible for the relevant problems of resettlement. The leader shall be experienced in resettlement and authorized to coordinate with the relevant departments involved with the resettlement. And the agency shall be appointed the sufficient personnel, and the personnel shall be qualified for experiences of resettlement work and social problems, so as to carry out the right responsibilities The Objective of Internal Monitoring The objective of internal monitoring is to maintain the good function of resettlement agencies at all levels during the project implementation process, and coordinate and cooperate with each unit in order to grasp the situation of resettlement implementation timely The Content of Internal Monitoring 1) The relocation, allocation of housing locations and housing reconstructions; 2) The implementation schedule and quality of development project of resettlers production; 3) The investigation, coordination and proposals for the main problems existing in resettlement and implementation agencies during the implementation process; 4) The family income rehabilitation after resettlers relocation; 5) The rehabilitation of vulnerable group; 6) The payment and usage of the resettlement compensation and the situation of fund in place; 7) Resettlers participations and consultation during the implementation period; 8) The resettlers training and effects; 9) Agencies, training, working timetable and efficiency of the local RO The Responsibilities of Internal Monitoring 1) Cooperate with resettlement implementation agencies, departments in charge and external monitoring units. 2) Work out the corresponding tables according to the monitoring contents, and ask the implementation units to fill in and submit the tables to the department in charge and County PMO; 3) The monitoring personnel shall check and investigate on the spot once a month, and they shall participate in the completion acceptance of the resettlement project once a month. 174

183 4) Supervise the implementation of the annual work plan, fund utilization; the annual fund shall be audited by the provincial department in charge of resettlement; 5) Report the implementation situation to Provincial PMO at the fixed time, and coordinate with the departments in charge according to their requirements at any time; 6) Submit the working schedule report to Provincial PMO and ADB regularly in July every year External Monitoring Independent Monitoring & Evaluation Agency For this project, the qualified monitoring unit shall be invited to undertake resettlement monitoring and evaluation. The independent monitoring unit shall provide the comprehensive information on implementation of resettlement to the PMO, including implementation progress, the existing problems and suggestions to the PMO. As a independent monitoring & evaluation agency, Changsha Xinghuan Water & Electricity Engineering Technology Development Co., Ltd. is composed by a high quality group of people with 38 professionals in various fields, such as resettlement planning, resettlement monitoring & evaluation, resettlement supervising, and so on. They are all experienced in providing resettlement planning and resettlement monitoring and evaluation. The company has been involved in resettlement monitoring and evaluation for a number of the World Bank funded projects, such as Hunan Urban Development Project Changzhutan (Changsha, Zhuzhou and Xiangtan) Flood Control and Sight Road Project; Changjiang River Embankment Reinforcement Project, and Jiangya Multipurpose Project. The Shimen County PMO proposes Changsha Xinghuan Company as the resettlement monitoring & evaluation agency in this project. Changsha Xinghuan Company will establish Shimen subproject monitoring unit to work closely with Shimen County Resettlement Management Office on resettlement monitoring and evaluation. They will carry out independent monitoring and evaluation by providing the technical assistance to LPMO and conducting detailed survey among affected people. It is proposed to form Shimen subproject monitoring & evaluation unit with staff (including a chief inspector and 8 working personnel) who are experienced in resettlement planning and resettlement monitoring & evaluation, etc. 175

184 The Objective of Independent Monitoring & Evaluation The Monitoring & Evaluation of resettlement is an efficient management method in resettlement project management, and the objective of independent monitoring & evaluation is to judge if the objective of the resettlement is achieved by means of providing the evaluation of the resettlement works and checking all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall trace the resettlement activities, and give evaluation and proposes to the whole process of resettlement and the recovery of the resettlers living standards, and provide alarm system to engineering management department, and supply the report channels for resettlers suggestions, so as to ensure the planning and implementation of resettlement in conformity with the laws, regulations and rules issued by PRC, and to ensure the whole project to achieve the objective as expected The Contents of Independent Monitoring & Evaluation The independent monitoring units shall conduct the monitoring and evaluation to the implementation effects of rural resettlers relocation, the demolition and construction of special facilities and infrastructural facilities, and utilization effects of resettlement fund. 1) Monitoring & Evaluation of resettlement implementation schedule is as follows: 1 The schedule of land acquisition and the finalized situation of land for new resettlement area; 2 The schedule of the housing demolition and reconstruction; 3 The schedule of resettlers relocation; 4 The schedule of employment allocation for the labors; 5 The construction schedule of public infrastructural facilities and special works. 2) Monitoring & Evaluation of the payment and utilization of resettlement fund is as follows: 1 The situation of the fund being in place; 2 The fund input and its utilization; 3 The evaluation of social and economic effects about the fund input. 3) Monitoring & Evaluation of resettlement production resettlement is as follows: 1 The planning objective of resettlement production resettlement; 2 The basic production situation before and after removal (including the employment situation); 3 The comparisons of main technical and economic evaluation indices before and after removal. If the evaluation fulfills the planning objective degree, the experience and lessons shall be summarized. 4) Monitoring & Evaluation of resettlers livelihood relocation is as follows: 1 The planning objective of resettlement livelihood relocation; 176

185 2 The housing condition and residential environment before and after removal; 3 The economic income and expenditure as well as composition before and after removal; 4 The comparisons of main livelihood evaluation indices before and after removal, evaluate the resettlers livelihood quality, and summarize the experience and lessons The Methods of Independent Monitoring & Evaluation The monitoring and evaluation activities are conducted on the basis of the investigation data provided by agencies in charge of investigation design and relocation implementation. The evaluation is conducted on the basis of all-around understanding and adopted the combined methods of spot-checking and quick evaluation. Choose a typical model (resettlement household/ village), set up the corresponding evaluation index system according to the different affected objects, and invite the experienced resettlement expert to determine the weighting of each index by the way of back-to-back, and take the latest livelihood quality research at home and abroad as reference, manage the indices by dimension treatment, analyze and calculate the investigation achievements, and contrastively evaluate the calculation achievements. 1) Evaluation of Livelihood Standard The independent monitoring agency shall propose and conduct the investigation on basic living standard before implementation of resettlement, and set up a control group according to the random samples of APs. The investigation on living standard shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs living standards. This activity is one of the methods of determining the changes of APs living standards. The investigation table of living standard consists of every index used to measure production level and living standard, reflects the changes of production and livelihood by the developing changes of the same index before and after removal. Whether the design of the index will reflect the change of production and living standard of the resettlers truly will be showed in the base investigation. And the design of the index will be improved according to the actual conditions, so as to ensure the acquired information to fully and truly reflect the quantity and quality of resettlers production and living standard. 2) Public Consultation The independent monitoring & evaluation unit will participate in the public consultations held by village and township (town) at the fixed time, and evaluate the effects of Aps participation and the cooperative degree of Aps during the implementation course of resettlement planning by monitoring these consultation meetings. At the same time, the independent monitoring agency will consult with APs to acquire the knowledge, preferences and hopes of their livelihood, and report these findings to the Project RO. These activities shall be conducted over and over again during the period of resettlement implementation and after implementation. 177

186 3) Complaints The independent monitoring agency shall visit the affected places at the fixed time, and adopt the way of holding talks with local RO and APs to ask about and understand the complaints. Moreover, the independent monitoring agency shall monitor the efficiency of disposal of the complaints continuously. As for the possible changes, the independent monitoring agency shall propose the suggestions if necessary to make the process of resettlement more effective. 4) Other Responsibilities The independent monitoring agency shall propose the suggestions to the project RO during the period of preparation for RP plan and implementation; meanwhile, it is also responsible for the monitoring of the following indicative items: (1) The payment and amount of the compensation; (2) The preparation and sufficiency of the relocation sites; (3) The housing reconstruction; (4) The Aps removal; (5) Training; (6) The support to the vulnerable group; (7) The recovery and reconstruction of infrastructural facilities and special facilities; (8) The deployment and recovery of production; (9) The compensation of property loss; (10) The compensation of working time loss; (11) The transition allowance; (12) The compensation of repurchase fee of property loss; (13) The timetable of the above-mentioned activities (it can be used at any time); (14) The setup of resettlement network; (15) The utilization of collective land compensation fee and the resettlers incomes; (16) The situation of labor employment and incremental incomes. 178

187 The Procedure of Independent Monitoring & Evaluation Establish a project, and clarify the objectives, content and requirements of monitoring and evaluation; Work out detailed general outline of monitoring and evaluation; The works in early days Study the technical line and working methods of monitoring and evaluation; Work out the investigation outline and tables; Design typical resettlement trail investigation plan for monitoring system. Give an all-around investigation for the socioeconomic materials of resettlement households and their villagers Give all-around investigation for the schedule of the resettlers relocation and the situation of the fund in place; Monitoring System Collect the information on typical resettlement households at the fixed time; Check the random samples. Conduct the inside liquidation, analysis, calculation, evaluation, and conclude a conclusion; Evaluation System Compile monitoring and evaluation report and submit the report to the County PMO and ADB The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The working time of independent monitoring unit includes the engineering construction period and the two years after the completion of the project. 2) The frequency of monitoring: The frequency shall be reported at least twice a year at peak period and once in other years according to the schedule of resettlement implementation and arrangement of implementation intensity. And it shall supply consultation for County PMO. 3) The standard of monitoring: The investigation and sampling standard of IME: 5% APs in land acquisition and relocation; 20% affected village in land acquisition and relocation; 20% enterprises and public 179

188 institutions in land acquisition and relocation. 4) The time of monitoring report: Submit the monitoring report to the Provincial PMO and ADB twice at peak period (in July and December every year), and in other years submit it once in July The Evaluation of Resettlement After the completion of the project, on the basis of monitoring and evaluation, conduct an evaluation for the resettlement by means of after-project evaluation theories and methods. The content mainly includes the evaluation of successful experience and the useful lessons in the aspects of housing demolitions, enterprises and institutions, and land acquisition etc. And the evaluation will provide the referenced experience for the future resettlement. After resettlement, the evaluation unit shall undertake preparation of the evaluation outline, setup of the evaluation index system, the analysis and investigation on social economy, compilation of The Evaluation Report after the Resettlement Implementation of Shimen County Urban Flood Control Project, and then submit the report to Provincial PMO and ADB. 180

189 11. Resettlement Budget 11.1 Compilation Reference and Principle Main References 1) Land Administration Law of the People s Republic of China (1999); 2) Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China (2000); 3) Houses Demolition Administration Regulations of the PRC, starting implementation since November 1, 2001; 4) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations, starting implementation since September 1, ) Provisional Regulations on Cultivated Land Occupancy Tax of the PRC; 6) Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax (Revision); 7) A Notice by Hunan Provincial Commodity Price Bureau and Financial Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF[2003] No.42); 8) A Notice by the Forestry Bureau and the Finance Ministry of PRC about Issuing Temporal Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee (Oct. 20, 2002) 9) A Notice on Hunan Provincial Land Acquisition Annual Output Value Standard Issued by Hunan Provincial People s Government General Office (XZF [2005] No.47) 10) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydropower Project (SD ); 11) Relative procedures and specifications of each professional department; 12) Investigation on tangible materials index affected by the project and achievements of resettlement planning Compilation Principle 1) For the following items such as production resettlement, demolition relocation, demolition and reconstruction for the special facilities which are planned and designed with reference to the relevant national policies, regulations and standards, calculate the investment according to the design program and the corresponding works quantities (or physical materials amount). 2) Standards for land compensation fee and relocation subsidies, and compensation fee for young crops 181

190 shall be calculated and determined according to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China; 3) Housing compensation standard shall be determined according to typical unit price analysis on the houses in the project-affected area; compensation standards for auxiliary facilities, scattered trees, and demolition subsidies shall be determined comprehensively according to the compensation standards for the typical design or the similar project. 4) Compensation fee for the special facilities shall be determined on the basis of original scale, original standard and original function according to the actual rehabilitation situation Resettlement Compensation Fee Land Compensation 1) Project-involved Permanent Land Occupation The land compensation, resettlement subsidies and production compensation fee are calculated as RMB million yuan according to various kinds of the acquired land quantities and compensation standards. 2) Project-involved Temporary Land Occupation The temporary land use in this project is set at mu, including mu dry farmland, mu shrubbery land, and 37.6-mu waste grassland. According to the compensation standards for various temporary lands occupation, the temporary compensation fee of this project is calculated as RMB million yuan (including reclamation cost for cultivated land) Compensation for Houses and Auxiliary Facilities The compensation for houses and auxiliary facilities in this project mainly includes the compensation fees for residential houses and non-residential houses as well as the auxiliary facilities. The compensation fees for the houses and auxiliary buildings are calculated as RMB million yuan according to the project-involved demolition physical material indices and standards for compensation subsidies Compensation for Infrastructural Facilities The compensation for infrastructural facilities in this project mainly includes fees for the following infrastructures such as the site leveling, water drinking, illumination, and roads, etc. in the centralized resettlement site and scattered resettlement site. The demolition and resettlement is planned to be 464 persons from 148 households. The investment is totally calculated as RMB million yuan according to the compensation standard of RMB 1,500 yuan per capita. 182

191 Relocation Transportation Fee The transportation fee of this project mainly includes transportation fee, livelihood subsidies, temporary housing subsidies and secondary transportation fee, etc. The investment is totally calculated to be RMB million yuan, according to the required relocation and removal of 464 persons from 148 households Compensation for Scattered Trees It is required to chop down the 3214 scattered grown trees in this project, including 1346 fruit trees, 1010 economic trees and 858 sundry trees. The compensation fee for scattered grown trees of this project is calculated to be RMB million yuan according to its compensation standard Compensation for Enterprises and Institutions The housing relocation compensation for enterprises and institutions is counted into the compensation parts of houses and auxiliary buildings. All the enterprises and institutions need not to be entirely removed and rebuilt, without consideration of shutdown loss expenses.the compensation for the enterprises mainly includes relocation subsidy. And it is calculated to be RMB million yuan according to the non-residential housing floor space required to be removed by 25 yuan/m Subsidies for Vulnerable Group The subsidies for the vulnerable group in this project is calculated as 1% of compensation fee for the land acquisition and for the houses and auxiliary facilities, the investment is RMB million yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item ~Item , totally calculated as RMB million yuan. For details, see Table

192 Table Budget Statement for Resettlement Compensation Investment of Shimen County Urban Flood Control Project Item Sub-item Sub-sub-item Unit Quantity Unit Price (yuan) Investment (In Y 0000) I. Land Compensation (I). Permanent Land Acquisition (II) Temporary Land Acquisition Collective Land mu Cultivated Land mu Paddy Field mu Dry Farmland mu Commercial Vegetable land mu Garden Land mu Pond mu Villagers Housing plot mu Unused Land mu State-owned Land mu Enterprises Land Use 2.2 Residential Land mu mu mu Remarks Calculated in the compensation for urban houses 1.1 Dry Farmland mu Including reclamation cost of cultivated land 1.2 Shrubbery Land mu II. Compensation for Houses and Auxiliary Facilities

193 Table Budget Statement for Resettlement Compensation Investment of Shimen County Urban Flood Control Project Item Sub-item Sub-sub-item Unit Quantity Unit Price (yuan) Investment (In Y 0000) (I). Residential Houses m (II). Houses Non-residential 1. Rural Residential Houses 2. Urban Residential Houses m Brick Concrete m Brick Wood m Simple Structure m m Brick Concrete m Brick Wood m Simple Structure m m Simple Structure m (III). Auxiliary Facilities III. Compensation for Infrastructural Facilities 3.1 Cement Sunny Ground m Wall m Air conditioner Set Telephone Set Remarks 185

194 Table Budget Statement for Resettlement Compensation Investment of Shimen County Urban Flood Control Project Item Sub-item Sub-sub-item Unit Quantity IV. Relocation Transportation Fee Site Water-drinking Illumination 1. Material Transportation Fee Leveling, and Unit Price (yuan) Investment (In Y 0000) Person Person Livelihood Subsidies Person Temporary Housing Subsidies 4. Secondary Transportation Fee Person Person V. Scattered Trees Piece VI. Compensation for Enterprises and Institutions VII. Vulnerable Group Subsidies 1. Fruit Trees Piece Economic Trees Piece Sundry Trees Piece Relocation Subsidies m Total Remarks Calculated as 1% of the land acquisition compensation fee and compensation for houses and auxiliary facilities 186

195 11.3 Compensation for Special Facilities 1) Compensation for power transmission and transformation facilities: Mainly including rebuilding compensation fee for the pole removing and line changing of 10KV high voltage line and 380V low voltage line, with the investment equivalent to RMB million yuan in total. 2) Compensation for telephone facilities: The cable specification of the telephone line is HYA3-0.5, and the investment is calculated to be RMB million yuan in total according to the 50,000 yuan/km. 3) Compensation for CATV facilities: The project-affected CATV line reaches 2.3 km, and the compensation investment is calculated to be RMB million yuan in total according to the 35,000 yuan/km. 4) Compensation for broadcasting facilities: The project-affected broadcasting line reaches 2.2 km, and the compensation investment is calculated to be RMB million yuan in total according to the 35,000 yuan/km. The compensation investment on the above-mentioned special facilities is calculated to be RMB million yuan in total. For details, see Table Compensation Investment Budget for Special Facilities Affected by Land Acquisition Relocation of Shimen County Urban Flood Control Project Table Item 1. Power Transmission and Transformation Facilities Unit Unit Price (Yuan) Quantity Investment (In Y 0000) KV High Voltage Line km V Low Voltage Line km Telephone Line km CATV Line km Broadcasting and TV Line km Total Remarks 11.4 Other Costs 1) Cost for survey, design and scientific research: The cost of required survey, layout, design and scientific research for land acquisition and resettlement design, is calculated to be RMB million yuan as 3% of the sum of the resettlement compensation fee and compensation investment on special facilities. 2) Implementation Management Cost: Including the routine management cost for resettlement implementation agency, such as salary, official business and evection, etc., it is calculated to be RMB million yuan as 3% of the sum of cost for resettlement compensation and compensation 187

196 investment for special facilities. 3) Implementation Agency Initiation Cost: Including cost for official rooms, vehicles and equipment procurement and other required costs for the start-up and operation of the resettlement implementation agency, which is calculated to be RMB million yuan. 4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the rural resettlers and the management level of resettlement cadres. The cost is calculated to be RMB million yuan as 0.5% of resettlement compensation investment. 5) Supervision and M & E Cost: Cost for resettlement comprehensive supervision, monitoring and evaluation. The cost is calculated to be RMB million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment for special facilities. Through calculation, the other costs for the above-mentioned items total up to RMB million yuan Basic Contingency Fee The basic contingency fee is calculated to be RMB million yuan as 10% of the investment sum of resettlement compensation, compensation for special facilities and other costs Relevant Tax 1) Cultivated land occupancy tax: According to the statistical materials of Shimen County in 2004, the cultivated land area per capita of agricultural population in the project area is 0.66 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax, for areas where the cultivated land area per capita is 0.5 mu~1 mu, the tax standard for paddy field, dry farmland and garden land is 4~8 yuan/m 2, 4 yuan/m 2 is adopted here; and the cultivated land occupancy tax of the commercial vegetable land is set at 10 yuan/m 2. The cultivated land occupancy tax is totally calculated to be RMB million yuan in this project. 2) Cultivation Fee for Cultivated Land: According to the XJF[2003] No.42 Document issued by Hunan Provincial Commodity Bureau and Hunan Provincial Financial Department, Shimen County belongs to Grade IV District, and the cultivation fee standard for cultivated land is: 8,000 yuan/mu for paddy field and 5,000 yuan/mu for dry farmland. According to the relevant regulations in documents issued by the Ministry of National Land Resources, State Economic and Trade Committee and the Ministry of Water Resources A Notice about Relative Problems of Land Acquisition for Hydraulic and Hydroelectric Project Engineering (GTZF[2001] No.355), for the cultivated land acquisition of project which is mainly for flood control, water supply (including irrigation) profits, the cultivation fee can be charged as 70% of 188

197 the floor level of cultivation fee of cultivated land regulated by the People s Government of each province. Hereby, the cultivation fee standard for cultivated land is determined as 5,600 yuan/mu for paddy field, and 3,500 yuan/mu for dry farmland. Through calculation, the cultivation fee for cultivated land totals up to RMB million yuan. 3) Recovery Fee for Forest Vegetation: According to Temporal Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee, the recovery fee standard for shrubbery land is set at 3 yuan/m 2, the area to be counted into the tax includes temporarily-occupied forest land. So the forest vegetation recovery fee of this project is totally calculated to be RMB million yuan. The above-mentioned relevant tax is calculated to be RMB million yuan in total. See Table for details. Calculation Statement for Relevant Tax of Land Acquisition in Shimen County Urban Flood Control Project Table Item Unit Unit Price (yuan) Quantity Amount (In Y 0000) Remarks I. Cultivated Land Occupancy Tax Cultivated Land m Paddy Field m Dry Farmland m Commercial Vegetable land m Garden Land m II. Cultivation Fee for Cultivated Land Paddy Field mu Dry Farmland mu Vegetable land mu III. Forest Vegetation Recovery Fee Shrubbery Land m Total Total Budget The total budget of compensation investment on land acquisition, demolition and resettlement in this project is RMB million yuan (the total investment excluding the relevant tax is RMB million yuan) and will be entirely listed into the total budget of the project and undertaken by the Shimen PMO. For details of total resettlement budget, see Table

198 Table Item I. Resettlement Compensation Fee II. Compensation for Special Facilities Total Resettlement Budget in Shimen County Urban Flood Control Project Sub-item Investment (InY 0000) Land Compensation Compensation for Houses and Auxiliary Facilities Compensation for Infrastructural Facilities Relocation Transportation Fee Compensation for Scattered Trees Compensation for Enterprises and Institutions Subsidies for Vulnerable Group Compensation for Power Transmission and Transformation Facilities Compensation for Telephone Facilities Compensation for CATV Facilities Compensation for Broadcasting Facilities 7.70 III. Other Costs Cost for Survey, Design and Scientific Research Implementation Management Cost Implementation Agency Initiation Cost Remarks 3% of the sum of Item I and II 3% of the sum of Item I and II 4. Technical Training Cost % of Item I 5. M&E Cost IV. Basic Contingency Cost V. Total Investment (excluding tax) VI. Relevant Tax VII. Total Investment (including tax) 1. Cultivated Land Occupancy Tax Cultivation Fee for Cultivated Land Forest Vegetation Recovery Fee % of the sum of Item I and II 10% of the sum of Item I to Item III 190

199 11.8 Fund Flow The compensation fund shall be paid and used according to the compensation policies and standards determined in the resettlement activity plan. The funds shall be appropriated under the supervision and management of the internal monitoring agency and checked by the exterior monitoring agency. Shimen County PMO will sign Contract Agreement of Resettlement Task Investment in Shimen County Urban Flood Control Project with County Project RO, and pay Shimen County RO in batches according to resettlement implementation progress. County Project RO then appropriates in classifications according to construction projects: 1) Land Acquisition: County Project RO sign Agreement of Land Acquisition Compensation and Attachments on Field with townships (management section) and villager committees affected by the project. The payment of compensation funds shall be paid to the Township (management section) Resettlement Office by County Project Resettlement Office via the bank according to the compensation items, quantity, time and expenses regulated in Agreement of Land Acquisition Compensation. Then the Township (management section) Resettlement Office pays the villager committee or villager s group. The relative villager committee uses the land compensation fee for developing the production. The resettlement subsidies shall be paid to the rural collective. Then the rural collective will pay the resettlement subsidies to institutions or individuals according to resettlement scheme. Compensation fee for the attachments on field will be paid to the owner through the villager committee. 2) Residential Houses: County Project RO will sign Agreement of Demolition Compensation for Project Resettlement Families with the involved and affected demolition resettlement households according to the following contents as basic conditions of the demolished houses, compensation amount, subsidies, payment mode and deadline, and demolition time limit, etc. The compensation fund is appropriated directly to the affected households by County Project RO. 3) Non-residential Houses: County Project RO will sign agreements with the relocatee on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the relocatee by County Project RO. 4) Compensation Fee for Public Infrastructural Facilities: County Project RO sign the Agreement of Compensation for Public Infrastructure with the project-affected township (management section) and the villager committee, or the Contract of Resettlement Project Construction with the construction unit directly. The compensation fund shall be paid to the relative townships, the villager s groups and the undertaking units in batches according to the stipulations of the contractual agreement. 5) Special Facilities: County Project RO will sign Agreement of Compensation for Rehabilitation and Rebuilding of Special Facilities with each special department. Compensation investment on rehabilitation and rebuilding of the special facilities is paid to each special department in charge by County Project RO via the bank. For details of resettlement compensation fund flow of this project, see Fig

200 Land Compensation Fee County PMO County Project RO Township (management section) RO Villager Committee or Villager s Group Resettlement Subsidies County PMO County Project RO Township (management section) RO Villager Committee or Villager s Group Compensation Fee for Young Crops County PMO County Project RO Township (management section) RO Villager Committee Resettlement Household Compensation Fee for Residential Houses and Auxiliary Facilities County PMO County Project RO Township (management section) RO Relocatee Household Relocation Subsidies County PMO County Project RO Township (management section) RO Relocatee Household or the Relevant Unit Compensation Fee for Resettlement Compensation Fee for Tomb Compensation Fee for Infrastructural Facilities Non-residential Production and Business Shutdown Loss Fee Non-residential Relocation Subsidies Compensation Fee for Special Facilities County PMO County PMO County PMO County PMO County PMO County Project RO Township (management section) RO County Project RO Construction Unit County Project RO County Project RO County Project RO Relocatee Relocatee Department in Charge of the Special Facilities Owner Construction Unit Subsidies for Vulnerable Group County PMO County Project RO Township (management section) RO Vulnerable Group Planning and Design Cost County PMO Resettlement Design Unit M&E Cost County PMO M & E Unit Technical Training Cost County PMO Technical Training Unit Implementation Management Cost County PMO Resettlement Implementation Organ at Various Levels Fig Fund Flow Chart of Resettlement Compensation in Shimen County Urban Flood Control Project 192

201 11.9 Compensation Fund Appropriation Plan of Land Acquisition Relocation Appropriation Principle 1) All the expenses related to land acquisition demolition will be listed into the project engineering total budget, and compensation fees for land acquisition demolition and other expenses will be paid by PMO via the County (District) RO to the relevant units and individuals; 2) The land acquisition fees will be paid by County (District) RO via the bank to the administrative villages, which will use them in principle for production rehabilitation of the villagers groups that are directly affected by the project or absorb the resettlers; 3) The compensation fees for the resettlers houses will be paid by the County (District) RO to the resettlement households before their building houses. If the compensation fee for houses will be paid by installment to the resettlers, the last sum of amount shall be paid to them before the completion of building houses; 4) The land compensation fee will be paid three months before the acquisition of the land. 5) In order to ensure the smooth implementation of resettlement of land acquisition demolition, the project office shall establish finance and supervision organs at various levels, so as to ensure the timely appropriation of all the funds in place The Organ in Charge of Resettlement Finance 1) The organs in charge of compensation fund for the rural land acquisition are special finance organs of the County (District) RO, LAB, and township (town) as well as village committee. 2) The organs in charge of compensation fund for rural housing demolition and special facilities are the special finance organs under the County (District) RO. 3) For the resettlement fund, carry out the level-by-level appropriation mechanism from the above to below. The organs at the various levels will strictly carry out the financial settlement and auditing system, examine and report the fund fulfillment and utilization to the higher level at the fixed time, and put forward the rectification and remedy measures to unexpected conditions, so as to ensure the appropriation and utilization of the fund as planned. 4) Ensure the resettlement fund in exclusive use. No permission for the holdback by any intermediate organs or misappropriation for other purposes Annual Fund Use Plan The yearly investment plan of each resettlement compensation fee is worked out on the basis of resettlement progress arrangement. The annual fund use plan is arranged as follows: for the first year, RMB million yuan, accounting for 37.80% of the total investment; for the second year, RMB million yuan, accounting for 51.67% of total investment; and for the third year, RMB million yuan, accounting for 10.53% of total investment. For details of yearly fund use plan, see Table 193

202 Table Item I. Resettlement Compensation Fee II. Compensation for Special Facilities Phased Investment Plan Statement Sub-item Total Investment (In Y 0000) 1 st Year (In Y 0000) 2 nd Year (In Y 0000) 3 rd Year (In Y 0000) Land Compensation Compensation for Houses and Auxiliary Facilities Compensation for Infrastructural Facilities Relocation Transportation Fee Compensation for Scattered Trees Compensation for Enterprises and Institutions Subsidies for Vulnerable Group Compensation for Power Transmission and Transformation Facilities 2. Compensation for Telephone Facilities 3. Compensation for CATV Facilities 4. Compensation for Broadcasting Facilities III. Other Costs Cost for Survey, Design and Scientific Research Implementation Management Cost Implementation Agency Initiation Cost Technical Training Cost M & E Cost IV. Basic Contingency Cost V. Total investment (excluding tax) VI. Relevant Tax Cultivated Land Occupancy Tax Cultivation Fee of Cultivated Land Forest Vegetation Recovery Fee VII. Total investment (including tax)

203 12. Resettlement Progress Arrangement The schedule of resettlement progress arrangement should be worked out in terms of the construction contents, works quantities, time limit, resettlement objects and modes, and other factors Principles of Resettlement Progress Arrangement 1) For the rural resettlers land acquisition demolition, at the time of arranging the implementation progress, houses within the range of land acquisition demolition, in collaboration with the characteristics of agricultural production, should be arranged in slack season as much as possible, so as to minimize impact on agricultural production. 2) Demolition of the resettlers houses shall be phased, but should be finished before the commencement of each bid section works; 3) Notify the resettlers whose houses are required to be demolished at least 3 mouths ahead of time, and give them at least 2 months to build new houses from the notified date to the ultimate time limit of demolition. Those affected persons may live in their former houses until completion of the new ones; 4) House building time should be arranged according to the schedule of project, and could be prolonged if necessary; 5) To minimize impact on resettlers livelihood, the public and infrastructural facilities should be completed at least 20 days before constructing houses for resettlement. 6) To lessen the effect on reconstructed special facilities, its reconstruction should be arranged in phase of completing each bid section works. 7) Resettlers training should be carried out four times in slack season with each time lasting 5 days, and start respectively when agricultural production resettlement goes through its 1/3 course and at its ending. 8) Demolition and re-establishment of enterprises and public institutions should be arranged by their principal departments in accordance with project schedule Progress Plan Resettlement Implementation Progress Plan The total construction period of this subproject will be 34 months. The period before September of the first year is the preparatory period, within which corresponding administrative agency for project construction shall be set up, the supply of water, electricity, road and communications and the leveling 195

204 of ground shall be well conducted as scheduled, and the bidding, land acquisition and resettlement in the early stage of project shall be carried out. September of the first year ~April of the second year will complete the anti-flood wall project of Dongcheng protection circle, embankment project, heightening and thickening project of embankment, Yonggu sluice, Xujiahe sluice, Shenjiaxi pumping station, and Yonggu drainage channel project; September of the second year ~April of the third year will complete the riprap banket project of Baofeng protection circle, wave wall project, embankment project, Baota sluice, Yueliang sluice, Caoshi sluice, Majiahe sluice, Baofeng flood diverging river, and Xianfeng drainage channel; September of the third year ~April of the fourth year will complete the heightening and thickening project of embankment of Baofeng protection circle, Fengtai sluice, Daxing sluice, and Qinglong sluice, and May is the winding-up period of the project Resettlement Implementation Schedules According to construction design and organization, land acquisition and resettlement should be completed in advance to ensure civil works could proceed in accordance with the project design schedule, which is the basis for formulating the resettlement implementation schedule. 1) Resettlement Plan is prepared and submitted to ADB in June 2007; 2) Determine the external monitoring and evaluation agency in August of 2007, and sign compensation agreements with affected parties in August 2007; 3) Land acquisition, relocation and rehabilitation program for different sections of embankments from August 2007 to October 2008; 4) Restoration of affected infrastructures for different sections of embankments from August 2007 to January 2008; 5) Resettlement job training and resettlement staff training program from July 2007 and July 2008; 6) Preparation and submission of internal and external resettlement monitoring and evaluation reports in July and December every year; 7) The acceptance of resettlement works will be carried out in January 2009; and resettlement completion report will be carried out in February Detailed implementation schedule is shown in the Table below: 196

205 Table Implementation Schedule for Land Acquisition and Resettlement of Shimen Country Urban Flood Control Project Detail Impact Survey Activities Consultation with Aps Resettlement Plan Preparation Distribute RIB RP Approval by LPMO Submit to ADB Capacity Building Efforts Selection of M&E Agency Sign Compensation Contracts Relocation Plan(Disburse funds, site leveling, house construction) Rehabilitation Plan (Disburse funds, land and non-land based rehabilitation) Infrastructure Restoration Resettlement Training Program Implementation of M&E Resettlement work acceptance Resettlement Completion Report 197

206 Appendix 1: Resettlement Information Booklet 1. Project Background The areas in Hunan Province, which are brought into this urban flood control project, are limited to the cities above county grade in hilly sections with relatively serious flood disaster. All the cities are considered as the areas with developed economy, dense population and centralized wealth. If the cities are submerged, the loss will be great, and the economic development will be supportless. At present, the urban flood control standard in the project area is low. Flood disaster happens in successive years, seriously restricts the urban economic development and affects the live and property safety of urban people. For Shimen County, as the sub-project city of the urban flood control project under ADB loans, its flood and waterlogging control capacity can be absolutely improved through the project implementation. The flood control standard will be enhanced from the current 5-or-10-year occurrence to 20-year occurrence; and the waterlogging control will be enhanced from the current 3-year occurrence to 10-year occurrence. That can greatly reduce the urban flood control burden of Shimen County and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Shimen County Urban Flood Control Project are: reinforcing and new-building of embankment, re-new, reconstruction and new-building of culvert sluices and power allocation station, and there also is temporary land acquisition as project construction site and borrow area, etc. The areas in the project land acquisition, with the residents production and living seriously affected by the project construction, are considered as the affected range of the project land acquisition and relocation. The final land acquisition and relocation range may be partially adjusted with the deepening of the designed depth. However, due to detailed survey conducted, such adjustment will be very limited and final scope of impact figures will not expect any major changes. 2. Project Affected Area and Quantity According to the investigation, the project land acquisition and relocation affect 12 villages (residential committees) and 45 villager s groups in Chujiang Town, Erdu Township, Baofeng Development Zone and Yijiadu Town of Shimen County. In which, there are various project land acquisition of mu (including cultivated land area of mu, occupying 61.55%); project temporary land acquisition of mu (including dry farmland of mu, shrubbery farm land of mu, waste grassland of 37.6 mu); project relocated residential and non-residential houses of m 2 (including brick concrete structure of 12877m 2, occupying 55.66%, brick wood structure of 4829m 2, occupying 20.87%, simple structure of 5429m 2, occupying 23.47%). The number of resettlement families affected by relocation is 198

207 464 persons from 148 households. 3. Resettlement Plan The policy frame for project resettlement is organized and guided by Key Project Office of Water Resources Department of Hunan Province and the local People s Governments of various grades; and is compiled by the technical assistance professionals according to particular affection investigation, on the basis of sufficiently soliciting the villagers opinions. To execute the principle of Resettlement for Development, adopt the rehabilitation strategy of: basing on the land and agriculture for the resettlement plan. Through land adjustment and developing mountainous area resources combined with proper financial compensation, the resettlement plan offers the production basis for short-term livelihood ensurence and long-term developing potential, which will combine the resettlement, rehabilitation and the regional economic development brought by this project, and make the resettlers livelihood reach or surpass the living level before resettlement. 4. Policy Bases and Objectives of Resettlement Plan 4.1 Policy Bases 1) Land Administration Law of the People s Republic of China (NO.8 Decree by Chairman of the PRC issued on August 29, 1998, starting implementation since January 1, 1999) 2) Implementation Regulations for the Land Administration Law of the People s Republic of China (NO. 256 Decree by the State Council of the PRC issued on December 27, 1998, starting implementation since January 1, 1999) 3) Houses Demolition Administration Regulations of the PRC (NO. 305 Decree by the State Council of the PRC issued on June 13, 2001, starting implementation since November 1, 2001) 4) A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 5) Land Acquisition Compensation and Resettlement Regulations for Large/Medium Hydro & Power Engineering Construction (the 471 st State Council Decree of the PRC, issued on July 07, 2006) 6) A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) 7) Methods of Hunan Province for Implementing the Land Administration Law of the People s Republic of China (approved by 14 th congress of the Standing Committee of 9 th People's Congress Council of Hunan Province on March 31, 2000) 8) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations(NO. 157 Decree by the People s Government of Hunan Province issued on July 12, 2002, starting implementation since September 1, 2002) 199

208 9) Notice by General Office of Hunan Provincial Pepple s Government on Issuance of Standard for Annual Production Output of Acquired Land in Hunan Province (XZBF No.[2005]47) 10) Resettlement Policy by ADB: Resettlement Handbook Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or reduce to the minimum the tangible material quantity of land acquisition relocation and resettlement by adopting measures of engineering, technique and economy, etc.; when the land acquisition is unavoidable, effective measures shall be adopted to best reduce the affection caused by the land acquisition relocation to the production and livelihood of local residents. 2) In the preparation period of this project, process the social economic investigation and compile corresponding resettlement plan; 3) Resettlement shall be on the basis of relocation tangible material indexes and compensation standards, to aim at improving or at least recovering the original living level of the resettlers; 4) Advocate resettlement of development. The rural resettlement shall adopt the policy of: making the land as the basis, depending on the second and third industries of the local area to widen the employment access; 5) Encourage the affected personnel to participate in the resettlement plan; 6) The resettlers shall be considered in priority to be resettled in the original community; 7) The resettlers and original residents in the resettlement area will get benefit from the project. 4.3 Compensation Standards 4.3 Compensation Standards Rural Houses and Attachments 1) The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is allowed. Available materials belong to the relocatees, and they also can use them to build new house. These compensation rates will be used by resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 2) Resettlement institution shall help the rural relocatees to move into the new house, and each person shall get the compensation for infrastructures, including water drinking and lighting, etc. Such compensation should be based on topographical condition and followed the relevant provincial regulations. 3) The moving allowance for the relocates should include moving expense, living subsidy, transfer allowance for temporary housing, and secondary moving expense. The actual expense will be based on distance of moving and length of transfer period. 200

209 4) Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households) Non-Residential Structures : Enterprises and Institutions 1) For all non-residential structures, the basic rehabilitation strategy is have cash compensation. The compensation should follow the compensation standards for urban housing structures at replacement value without depreciation. 2) Moving allowance for non-residential structures under enterprises and institutions should be based on amount of floor spaces. 3) Equipment Compensation for affected enterprises include compensation for dismantling, and reinstallation of affected equipments. 4) The enterprises or institutions that will be affected with their normal operation will be provided with compensation for the loss of their production during interruption. The compensation for production interruption should not be more than 6 months : Small Individual Shops 1) All affected small shops are based on privately owned residential structures, and non of them are formal commercial buildings. These structures will be compensated as urban residential houses by following Changde Municipal Method for Urban House Demolition and Relocation. The compensation should follow replacement value with no depreciation. 2) During house construction and relocation, the affected small shops should be compensated for the loss of business during interruption, which include compensation for lost wages among affected employees. The compensation for loss of business and moving allowance should be based amount of floor spaces affected. The length of interruption should not be more than three months : Scattered Trees The Project should provide compensation for removed trees or compensation for relocating trees : Land Acquisition and Occupation : Stated Owned Land 1) For affected urban industrial land, they will obtain through land use right purchase. The compensation will follow similar land acquisition and rehabilitation practice in Shimen County. 2) For affected urban residential structures, they will adopt cash compensation method. The part of land compensation will be based on market appraisal value. 3) For the acquired urban waste land such as river bed and unutilized land, they will be allocated to the project use without compensation. 201

210 : Collectively Owned Rural Land 1) For the acquired rural land or cultivated land, the affected villages will be provided with land compensation, resettlement subsidy, and green crop compensations. In addition, for thouse villages with adequate land holding, they will carry out land readjustment so that all affected people could get sufficient farmland or production means. While land compensation and resettlement subsidy will be used by the affected village groups. For those village groups with limited land holding, and could not carry out land readjustment, the affected people will receive full resettlement subsidy and at least 75% of land compensation. The remaining land compensation will be used by village group collectively. 2) The average annual output value for the acquired farmland will follow Hunan Government No. 47 Decree in 2005; and compensation multiples will follow relevant national laws and provincial regulations. The land compensation will be set at 10 times of AAOV and resettlement subsidy will be set at 6 times of AAOV. For acquired fruit garden, residential plot, and other rural lands, the compensation will follow relevant regulations for adequate compensation : Temporary Land Occupation 1) Compensation for temporary land occupation include compensation for green crop, compensation for land occupation, and compensation for land restoration. The length of temporary land occupation will be 2 years, If the temporary land occupation exceeds 2 years, temporary land occupation should be re-applied. 2) Compensation for land occupation will be mainly used to compensate the total outputs lost during the land occupation, which will be based on original average annual output value and length of land occupation. 3) When temporary land occupation is completed, the occupied land areas should be restored and returned to the affected villages. For the affected dry farmland, they should be restored into original condition and cost of land restoration should be based on actual cost : Special Infrastructure Facilities For the affected different types of infrastructure facilities, they will be rehabilitated or reconstructed based on actual conditions, and original scale and functions. Based on amount of investment for different affected infrastructure facilities, the project sponsor will provide compensation to the relevant department agencies in charge of these facilities and organize the implementation. 4.4 Payment of Compensation Fee 1) The relocation compensation for land acquisition and other costs will be paid to the affected collectivities and individuals by the project Office through the county s resettlement Office; 2) Compensation for houses will be paid before the resettlers start building; in case of paying in terms, the 202

211 final expense shall be paid before the building completion; 3) The compensation for land and other facilities shall be paid to the relevant communities and individuals before land acquisition. 4.5 Rehabilitation Strategy 1) Production Resettlement Plan All rural households affected by land acquisition will be resettled in their own villagers group, resettler s production resettlement may mainly adopt resettlment with land to develop agricultural production, ensure resettlers have certain grain production ability via re-adjustment of land, on the basis of which, accompanying production resettlement measures of improving water conservancy facilities, adjusting agricultural planting structure, changing dry farmland into paddy field, developing water surface breeding, developing mountainous land resources or second, third industries etc., fully develop potential of existing land resources, so as to ensure agricultural production level and comprehensive social economic level in the whole project area does not decline. 2) Resettlement Plan for Removal and Housing Construction To reduce affections of project construction on resettlers production and livelihood, all affected resettlers in the rural area will move back and be resettled in adjacent places of their own villagers group, we adopt the method of remove and construct by resettlers themselves to all houses that need to be demolished and relocated, old materials of demolished houses can be used at resettlers disposal. This way, former living and producing way and social relationships of resettlers can be maintained, it s good for restoration of resettlers after land acquisition and demolition as well as improve their production and income levels, also good for resettlers enthusiasm and adaptability for production and livelihood; Due to demand of overall urban plan, there s no reconstruction land arranged for house demolition in urban areas according to principles, therefore, our project mainly adopts currency compensation as resettlement measure to relocation and house reconstruction of urban residents. 3) Restoration Plan for Enterprises and Institutions Affected enterprises and institutions within the scope of affection of the project needn t be removed as a whole, they are mainly resettled first by means of currency compensation, then they can conduct internal redistribution of office rooms or build substitute houses. 4) Resettlement of Vulnerable Groups In the whole process of resettlers relocation, the project authorities pay special attention to resettlement of vulnerable groups, besides carrying out livelihood and production resettlement for vulnerable groups according to the project implementation plan, this project will offer them other required financial and physical assistance. 203

212 5. Responsible Institution for Resettlement To ensure the successful and effective implementation of the resettlement plan, institution net-work will be set in government of various grades to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set or involved in the land acquisition and relocation of this project are: 1) Provincial Project Resettlement Leading Group 2) Provincial Project Resettlement Office 3) County Project Resettlement Leading Group 4) County Project Resettlement Office 5) Township (Development Zone) Resettlement Office 6) Village Committee or Residential Committee 7) External Individual M&E Institution 6. Appeal Disposal The resettlement plan is considered for the affected area of the overall project and generally planned for the resettlement scheme. In the implementation, it may arouse the resettlers complaints because of the changing of the actual situation and the deviations in operation. To effectively resolve these problems for successfully implementing the project construction and land acquisition, the open and effective appeal channel has been established. 1) Appeal Channel 1 Offices for citizens complaint letter and visit (including resettlement), which can receive, investigate and process the common appeal problems of resettlers appealing to higher authorities for help, are established in the district, city and province of the resettlers. 2 The resettlement management institutions which are set up according to the laws, have the grade-to-grade authority, from the province, city to county, to supervise the subordinate for whether processing the resettlement according to the laws; can process the appeal affairs of the resettlement. 3 Independent Resettlement M&E Institution supervises the resettlement implementation according to the relative national regulations and is responsible for protecting the legal right and benefit of the resettlers; and can process and reflect to the relevant department the appeal problems of right injuria for the resettlers; 4 Jural departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various grades of State, province, city and county. They can process the cases about irregularity and principle violation appealed by the resettlers. 2) Appeal Procedures If the resettlers are not satisfied with the resettlement, they can reflect to the village (residential) 204

213 committee, who can consult directly with the local resettlement Office for solvation, or can appeal to the superior resettlement Office in oral or written form. After receiving the appeal, the superior resettlement Office will take that on record, research and resolve the problem with the village committee and local resettlement Office within 10 days. In case of encountering with confliction and dispute which cannot be resolved by consultation, the villager committee can appeal to the administration institutions (such as the project Office, resettlement administration institutions, resettlement monitoring institutions, Office for citizens complaint letter and visit, administration inspection and disciplinary inspection, etc.) with domination authority grade by grade in appeal channel according to Administration Appeal Law of the PRC. In case of refusing to accept as final, the committee can appeal to People s Court directly. The resettlement Office shall be responsible for keeping all the appeal problems and resolving courses on the file. 205

214 Shimen County Urban Flood Control Project Resettlement Plan 206